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Thursday, January 01, 2009

Ind. Decisions - Year-end annexation results in Hamilton County and Jeffersonville

Hamilton County. "Determined Geist group won't end annexation fight: Residents vow to appeal after judge gives Fishers OK to add 2,200 homes" is the headline to this lengthy story today by Carrie Ritchie of the Indianapolis Star that begins:

A judge on Wednesday gave Fishers the green light to annex Geist, prompting residents of the upscale enclave along the reservoir to immediately vow that they would appeal.

Geist vs. Fishers has been one of the most hotly contested and closely watched annexation battles in Indiana, even prompting a judge in a similar case to put proceedings in his court on hold until the case could be resolved.

Hamilton Superior Court Judge Steven Nation ruled that Fishers showed it could provide adequate fire service and tend to the other municipal needs of the 2,200 Geist homes that would be annexed.

"We were disappointed with the ruling, but we'll take it up to the next level, and we'll kind of go from there," said Geist United Opposition President Pete Peterson.

Jon Laramore, the lead partner in an appellate law practice that's not involved in the case, said appeals in such matters typically don't fare well.

"Those property owners in Geist have a tall mountain to climb to win that appeal," said Laramore, of Baker & Daniels law firm in Downtown Indianapolis.

Geist United has 30 days to file an appeal. The case could take another two years to work its way through the courts, especially if it reaches the Indiana Supreme Court.

An appeal would further delay Carmel's bid to annex Home Place, an unincorporated area roughly centered on 106th Street and Westfield Boulevard in Hamilton County.

reet and Westfield Boulevard in Hamilton County.

In that case, Hamilton Superior Court Judge William Hughes has postponed any decisions until Geist vs. Fishers is resolved.

The story includes a side-bar timeline going back four years.

Here is a long list of earlier ILB entries on annexation.

Jeffersonville. This ILB entry from Tuesday (Dec. 30) quoted a LCJ story that began:

Two areas that Jeffersonville had sought to annex this year could remain independent for another year unless courts allow them to become part of the city by Wednesday.

The areas – the well-established Oak Park Conservancy neighborhood southeast of Middle Road and a roughly 30-acre tract near Stacy Road north of Ind. 62 -- include 7,800 acres and 9,000 residents.

Today Ben Zion Hershberg reports in the LCJ in a story that begins:
After more than a year in the works, Jeffersonville's annexation of a 30-acre tract near Stacy Road and north of Ind. 62 took effect yesterday when opponents agreed to withdraw their challenge.

In return, developer Bob Lynn, who owns the tract, agreed to install a buffer of six-foot pine trees between neighboring Bethany Farms and the Laurel Springs subdivision he plans to build on the property.

Bethany Farms residents have been fighting the annexation in court for more than a year and Lynn's development plans for more than six years. While the annexation case was against Jeffersonville, Lynn intervened as the owner of the property.

"It felt like we got slugged in the gut," Denise Poukish, an opposition leader, said of the residents' decision to finally give up.

Posted by Marcia Oddi on January 1, 2009 08:36 AM
Posted to Indiana Courts