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Thursday, February 10, 2011

Ind. Decisions - "Greenwood annexation timing creates ripples: It may not happen in time for new residents to vote, run for office"

This long story today by Diana Penner of the Indianapolis Star includes:

The Indiana Supreme Court's resolution last week of an annexation dispute between Greenwood and Bargersville appears to mean some folks will become new residents of Greenwood.

However, the legal and bureaucratic processes might not be wrapped up in time for those new residents to vote in the May municipal primary -- and almost certainly not in time for them to run for a city office to represent their interests.

The Indiana Supreme Court resolved the case involving about 1,800 acres along Ind. 135 -- much of it prized commercial property and some of it agricultural land. People also live there, including 751 registered voters. * * *

Four of the highest court's five justices heard oral arguments Jan. 20, but they could not agree and essentially ended the case as a hung jury, on a 2-2 vote. That ruling maintains the appeals court's decision.

The appeals court must certify the case and send it back to Milligan, who is then supposed to write a new order in line with the appeals court decision that reversed him.

As of Monday, Milligan said, he had not received certification of the order. In any event, after he does, he expects to call a conference of all lawyers involved.

That's almost certainly not going to happen in time for the noon Feb. 18 deadline for filing for candidacy in the May 3 primary, Milligan said.

"If it's up in the air now, it will continue to be up in the air" by that date, he said.

The ILB notes that the Court of Appeals docket indicates the case was certified February 1, 2010. See this list of earlier ILB entries on the dispute.

And here, from the end of the COA docket, 41 A 05 - 0912 - CV - 00684:

9/22/10 ***********TRANSMITTED ON TRANSFER 09/22/10***********
ENTERED ON 09/22/10 AB
12/10/10 CASE TRANSFERRED TO THE SUPREME COURT
SUPREME COURT CAUSE NUMBER 41S051012CV00666
2/01/11 ***************OPINION CERTIFIED***************
ENTERED ON 02/01/11 ED

Posted by Marcia Oddi on February 10, 2011 09:55 AM
Posted to Ind. Sup.Ct. Decisions