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Friday, January 22, 2016

Ind. Decisions - Supreme Court decides one today - Zionsville v. Whitestown annexation

In Town of Zionsville, Indiana v. Town of Whitestown, Indiana, and Angel Badillo, a 22-page, 4-0 opinion with J.David not participating, Justice Dickson writes:

Today we undertake to resolve various disputes between governmental entities in Boone County, Indiana, arising under the Indiana Government Modernization Act ("GMA"), Indiana Code Section 36-1.5-1-1 et seq. We reverse both the trial court's rejection of the GMA reorganization of Zionsville and Perry Township and its approval of Whitestown's attempts to annex territory included in the 2014 Zionsville-Perry reorganization plan and territory included in Zionsville's previous 2010 reorganization. * * *

The parties' opposing motions for summary judgment presented the trial court with competing claims as to the power of Zionsville to engage with Perry Township in a reorganization under the Government Modernization Act, as to the power of Whitestown to annex Perry Township territory within such reorganization, and also as to the power of Whitestown to annex territory within Zionsville's 2010 Reorganization. These competing claims present issues of law, and we now hold that the 2014 Zionsville-Perry Reorganization is not prohibited and that Whitestown may not adopt annexation ordinances annexing territory in municipalities that are the result of completed reorganizations under the Act. The judgment of the trial court is reversed. This cause is remanded for further proceedings consistent with this opinion.

Posted by Marcia Oddi on January 22, 2016 04:34 PM
Posted to Ind. Sup.Ct. Decisions