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Thursday, January 27, 2011
Ind. Courts - More on: State Road 135 land annexation dispute before Supreme Court today
Updating this ILB entry from Jan. 20th about the Supreme Court oral argument heard on the 20th in the case of City of Greenwood v. Town of Bargersville, Diana Penner of the Indianapolis Star has a story today headed "Land battle continues for Greenwood, Bargersville: both want 1,847 acres along Ind. 135." Some quotes:
The dispute centers on about 1,847 acres along Ind. 135, about three miles from Greenwood's boundary.Both municipalities would like the valuable land, estimated to involve about $3.47 million of net taxable assessed value this year.
Bargersville already has extended sewer service to the area, and in that process, some landowners waived their right to object to annexation. Bargersville contends that those waivers amount to consent, but Greenwood counters that waivers don't translate to consent.
Either way, Greenwood contends, Bargersville doesn't have approval or lack of an objection from enough of the landowners to annex the area.
Bargersville won the first round in Johnson Superior Court. Greenwood appealed, winning at the next level when the Indiana Court of Appeals in July reversed the trial court decision.
In last week's appearance before the state Supreme Court, attorney Karl Mulvaney, arguing for Greenwood, said state law makes a distinction between waiving a landowner's right to object and affirmative consent.
Mulvaney said that if lawmakers had intended those concepts to be interchangeable, they would have said so.
But attorney Mark Crandley, representing Bargersville, interpreted the laws differently. He contended it was clear to landowners they were giving up their right to oppose annexation when they signed the waivers.
Posted by Marcia Oddi on January 27, 2011 09:06 AM
Posted to Indiana Courts