« Ind. Decisions - "Behrman trial will stay in Morgan Co." | Main | Ind. Gov't. - Toll Road company would bar the public and the media from speech [Updated] »

Thursday, May 25, 2006

Ind. Decisions - For the second time in less than a year, a judge on Wednesday blocked the city's attempt to swallow a neighbor [Updated]

"Strike two for Carmel: For the second time in less than a year, a judge on Wednesday blocked the city's attempt to swallow a neighbor." is the lead to this lengthy story by Lesley Rogers Barrett in today's Indianapolis Star. More quotes:

The decision halts Carmel's plan to annex an 8.3-square-mile chunk of southwest Clay Township -- and could affect a similar push by Fishers.

Forced annexation throughout Hamilton County could be stymied, said Michael Shaver, an annexation expert with consulting firm Wabash Scientific who testified for Carmel during a three-day trial earlier this year.

"Nobody's going to want to go before a judge in Hamilton County and plead a case for annexation," Shaver said. "This effectively shuts down annexation."

Geist homeowners who are fighting a takeover bid by Fishers agreed. "When I went to the courthouse and got a copy of the judgment, flipped to the back and saw he ruled for southwest Clay, it was immediate elation," said Tom Britt, an organizer of the Geist anti-annexation group.

Carmel officials vowed to appeal the ruling by Hamilton Superior Court Judge William Hughes. * * *

Hughes ruled that Carmel officials failed to show how the city would spend money to provide services to the residents in southwest Clay Township. He also ruled that annexation would cause a "significant financial impact on the landowners," who would see a 21.4 percent increase in property taxes when they switched from township tax rolls to Carmel's.

The land, an expanse of horse farms, large estates and gated communities west of Carmel, would have added $1.4 billion in assessed property value. * * *

Three of the southwest Clay residents who took over the remonstrance in court had a news conference Wednesday afternoon, including Bob Thomas, owner of Capitol City Ford, stockbroker Jack Holton and Chuck Cavalier, a retired Eli Lilly and Co. executive. * * *

In October, Hughes ruled that Carmel had not shown how it could afford to annex Home Place, a 1.6-square-mile community just east of southwest Clay.

The earlier Home Place decision is available here; for background on Home Place see these Oct. 4th and Oct. 5th, 2005 ILB entries.

The ILB is attempting to obtain a copy of yesterday's ruling by Judge Hughes.

[Updated] Here is a copy of Wednesday's opinion by Judge Hughes in Certain SW Clay Twp. Annexation Territory Landowners v. City of Carmel. (This is a 1.3 MB file.)

Posted by Marcia Oddi on May 25, 2006 07:44 AM
Posted to Ind. Trial Ct. Decisions