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Thursday, March 17, 2011

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

Updating this ILB entry from Feb. 10, 2011, Diana Penner of the Indianapolis Star reports today:

A judge has put the final legal touches on Greenwood's annexation of about 1,800 acres along Ind. 135, ending a protracted dispute with Bargersville that went all the way to the Indiana Supreme Court.

In addition, Johnson County Commissioners voted Monday to transfer police, fire, streets, and planning and zoning responsibilities to Greenwood.

Special Judge Thomas K. Milligan, Crawfordsville, who was appointed to hear the case to avoid a conflict for Johnson County judges, filed the final order on the case on March 2.

Milligan initially ruled in Bargersville's favor, and Greenwood took the case to the Indiana Court of Appeals. That court ruled in Greenwood's favor, so Bargersville appealed to the next level.

The state Supreme Court tied 2-2 in the case, effectively upholding the appeals court's ruling, meaning Greenwood had won. However, it took several weeks for the legal requirements to be fulfilled and the case sent back to Milligan for orders in line with the higher courts' decisions.

Under Milligan's order, Bargersville can continue to provide sewer services to portions of the previously unincorporated land where it already had extended sewer lines, but it cannot add to the system.

All municipal services are to be provided by Greenwood in the future, unless Greenwood agrees to let Bargersville provide some services, Milligan wrote.

Milligan had issued a previous partial order in response to the high court ruling, specifically to allow residents of the affected area to vote in Greenwood city elections in the May primary.

The additional order was needed, however, for Greenwood to begin collecting taxes from the area and to begin providing fire, police, street and other services.

Posted by Marcia Oddi on March 17, 2011 09:14 AM
Posted to Ind. Sup.Ct. Decisions