« Ind. Gov't. - "A primer on the different civil rights proposals that Indiana lawmakers are considering this session" | Main | Ind. Gov't. - Waiting for posting of IBTR decisions from Dec. 2015 ... »

Friday, January 08, 2016

Ind. Decisions - Court of Appeals issues 0 opinion(s) today (and 1 NFP memorandum decision(s))

For publication opinions today (0):

NFP civil decisions today (1):

In In the Matter of Ordinance #2013-09, as amended, the South and West Area Annexation Ordinance, et al v. The City of Logansport, Indiana, acting by and through Ted Franklin, et al (mem. dec.), a 28-page opinion, Judge Crone writes:

The City of Logansport (“the City”), acting by and through the Logansport Common Council (“the Council”), introduced an ordinance proposing to annex territory to the south and west of the City’s boundaries (“the Annexation Territory”). The Council and Logansport Mayor Ted Franklin (“the Mayor”) adopted a written fiscal plan for the proposed annexation. After a public hearing, the Council amended and adopted the annexation ordinance, which the Mayor approved. Landowners in the Annexation Territory filed remonstrance petitions objecting to the proposed annexation. The landowners and the Cass County Commissioners (collectively “the Remonstrators”) filed a complaint against the City. The trial court held a hearing and entered a judgment ordering that the annexation take place.

On appeal, the Remonstrators argue that the trial court’s judgment is clearly erroneous, claiming that (1) the ordinance does not adequately describe the Annexation Territory’s boundaries; (2) the City did not present sufficient evidence regarding the requisite contiguity of its boundaries with those of the Annexation Territory; (3) the City did not present sufficient evidence that the Annexation Territory is needed and can be used for its development in the reasonably near future; (4) the City’s fiscal plan is inadequate; and (5) the Remonstrators established that the annexation will have a significant financial impact on residents or landowners. We disagree in all respects and therefore affirm the trial court.

NFP criminal decisions today (0):

Posted by Marcia Oddi on January 8, 2016 12:19 PM
Posted to Ind. App.Ct. Decisions