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Friday, November 06, 2015

Ind. Courts - "Supreme Court orders Zionsville and Whitestown to work together on map"

The Supreme Court heard oral argument in Town of Zionsville, Ind. v. Town of Whitestown, Ind., et al. on Sept. 23rd.

Matt Werner, Zionsville Times Sentinel reporter, reported Nov. 4th (here via Indiana Economic Digest) that:

The Indiana Supreme Court Justices want a single, clear map of the reorganization area before determining if they will take the case between Zionsville and Whitestown.

Chief Justice Loretta Rush issued an order Thursday mandating the two sides “to work together to select a single map” that will show the borders of Zionsville, Whitestown, Perry Township, and the former Union and Eagle townships.

Throughout the lawsuit between the two towns regarding Zionsville’s reorganization with Perry Township, the main focus has been on whether Zionsville is adjacent to the township.

Zionsville argues that since the 2010 reorganization with Union and Eagle townships, the town began to provide township services and retained township powers in Eagle Township, which borders Perry, and can reorganize as two townships. Zionsville has also argued that even if that argument does not satisfy the requirements in the reorganization statute, the town has a small island of land south of Eagle’s Nest subdivision, that has more than 150 linear feet of adjacency to Perry Township.

Whitestown has argued the town did not retain the township powers to reorganize, but only the powers to provide township services in the area such as poor relief and cemetery maintenance.

“The (four) volume (appendix from Zionsville) contains photocopies of several maps of the geographic area involved in this appeal,” the order states. “The Court finds that submission of a map reproduced in higher quality than those in the appendix would be of assistance.”

Rush asks for “a relatively simple map, from the trial record, that displays the common borders of Zionsville, Whitestown, Perry Township, and the former Union and Eagle Townships, and shows the major highways traversing the area, if possible.”

Rush asks the parties to work together and file it with the court no later than Monday. 9.

“If the parties cannot agree on which map to submit, then each side may tender its own supplemental appendix,” the order states.

ILB: Here is a copy of the order (filed Oct. 29th), via the case docket.

Posted by Marcia Oddi on November 6, 2015 10:33 AM
Posted to Indiana Courts