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Thursday, February 03, 2011

Ind. Decisions - More on: Supreme Court reaches decision on Bargersville annexation dispute [Updated]

Updating yesterday's ILB entry reporting that the Supreme Court had split 2-2 in the Bargersville annexation dispute and so the Court of Appeals opinion was reinstated -- the question is, when was the last time something similar happened?

The answer is, not that long ago. See this ILB entry from Nov. 17, 2010, where the Chief Justice had recused himself in the Brown County fire district case, and the remaining justices also split 2-2.

[Updated at 1:20 pm]
The Order filed Jan. 29, 2010 has now been posted in the Bargersville case. Access it here. It reads:

On December 10, 2010, we granted transfer of jurisdiction over this appeal. See Appellate Rules 56(B) and 58(A). After further review, including oral argument, the Court is evenly divided.

Accordingly, the Court of Appeals opinion reported as City of Greenwood v. Town of Bargersville, 930 N.E.2d 58 (Ind. Ct. App. 2010), is no longer vacated and is REINSTATED as Court of Appeals precedent. See App. R. 58(A) & (C).

This appeal is at an end. The Clerk is directed to certify this appeal as final and to send copies of the order to the Hon. Thomas K. Milligan, Special Judge, Johnson Superior Court; to the Johnson Superior Court; to the Hon. Margret G. Robb, Chief Judge, Indiana Court of Appeals; to Steve Lancaster, Court of Appeals Administrator; and to all counsel of record.

Posted by Marcia Oddi on February 3, 2011 08:40 AM
Posted to Ind. Sup.Ct. Decisions