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Wednesday, October 07, 2009
Ind. Decisions - "Muncie annexation ruling reversed"
Yesterday's Court of Appeals opinion in Annexation of Certain Territory to City of Muncie, Indiana v. Certain Halteman Village Section I and Brewington Woods Landowners (ILB summary here), is the topic of this story by Rick Yencer in today's Muncie Star-Press that begins:
The Indiana Court of Appeals has reversed a local court decision that rejected Muncie's 2007 annexation of Brewington Woods and a portion of Halteman Village.Last January, Delaware Circuit Court 4 Judge John Feick upheld remonstrators' petition that claimed the city did not account for day-to-day expenses to provide services to those areas. The petition also alleged the city did not take steps to amend fiscal plans to reflect the impact of property tax caps and did not comply with other provisions of state annexation law.
The appeals court reversed the trial court on all issues in an order handed down Tuesday. The justices indicated the city met its burden under state law to provide services and pay for them.
"We have also found that the landowners failed to prove that the annexation would have a significant financial impact or that 65 percent of them continued to oppose the annexation," the justices wrote.
Posted by Marcia Oddi on October 7, 2009 08:54 AM
Posted to Ind. App.Ct. Decisions