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Tuesday, January 21, 2014

Ind. Decisions - Supreme Court decides Boonville annexation issue

In American Cold Storage, et al. v. The City of Boonville, a 5-page, 5-0 opinion, Chief Justice Dickson writes:

This appeal arises from an action by numerous landowners to remonstrate against an attempt by the City of Boonville to annex 1,165 acres of real estate located west of Boonville's geographic limits. The sole disputed issue in this appeal is whether the statutory prerequisite sixty-five percent (65%) of remonstrating landowners is to be determined by separately counting the multiple parcels acquired by the State for an adjoining public roadway or collectively as one parcel. * * *

We hold that the land in this case, which comprises the portion of State Road 62 included in the annexed territory, should be considered and counted as a single parcel in determining whether the remonstrating Landowners comprise 65% of the owners of the annexed territory. We therefore reverse the decision of the trial court and remand for further proceedings consistent with this opinion.

Posted by Marcia Oddi on January 21, 2014 01:23 PM
Posted to Ind. Sup.Ct. Decisions