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Friday, December 08, 2006

Ind. Courts - Still more on: Carmel annexations before both Court of Appeals and Supreme Court

On Sept. 23rd, Bill Ruthhart of the Indianapolis Star wrote:

Carmel's appeal in the Home Place annexation case was delayed Friday.

Attorneys for both sides were scheduled to argue the case Wednesday in the Indiana Court of Appeals. That court has delayed the proceedings until the Indiana Supreme Court decides Carmel's appeal in the southwest Clay Township annexation case.

Earlier this summer, the southwest Clay case was expedited to the Supreme Court after the city argued the dispute was so important that it should skip the appeals court. No date has been set for oral arguments before the Supreme Court.

Today Ruthhart wties, in a story headlined "Annexation cases still stuck in the system," that:
Two Carmel annexation cases still are stalled in the court system.

Carmel's attempt to annex 8.3 square miles in southwest Clay Township is before the Indiana
Supreme Court, while the city's case to annex Home Place awaits a ruling at the Indiana Court of Appeals.

The City Council voted to annex both areas in November 2004. More than 65 percent of property owners in those areas fought the annexation, raised money and took Carmel to court. In both cases, Hamilton County Judge William Hughes ruled Carmel could not complete the annexations.

Carmel has appealed both decisions, and the southwest Clay case was expedited to the Indiana Supreme Court in August, skipping the appeals court. The Indiana Court of Appeals has delayed the Home Place case until the Supreme Court rules on southwest Clay.

On Nov. 22, Carmel's attorneys requested the Supreme Court hear oral arguments in the case. Attorneys for residents in southwest Clay have argued written briefs would be enough for the court to make a decision.

The Supreme Court has not decided whether to grant Carmel oral arguments. * * *

Attorney Stephen Buschmann said he isn't counting on a hearing by the end of the year. Buschmann represents NOAX and the Concerned Citizens for Home Place, who also have opposed annexation.

"My gut guess is that with the holidays, I doubt they'll hold a hearing in December," Buschmann said

Meanwhile the Home Place case remains on hold in appeals court.

"The two cases really are quite different," Buschmann said. "But the court of appeals still wants to wait and see what the Supreme Court says."

I'd say no hearing in December is a pretty safe bet. The case before the Supreme Court is Case Number: 29 S 00 - 0608 - CV - 00300, CITY OF CARMEL -V- SOUTHWEST CLAY TOWNSHIP LANDOWNERS. The docket shows a long list of amici. The trial court opinion is available, via the ILB, here.

Posted by Marcia Oddi on December 8, 2006 09:23 AM
Posted to Ind. App.Ct. Decisions