Preview:

ATTORNEYS FOR APPELLANT Douglas C. Haney Carmel, Indiana George T. Patton, Jr. Bryan H. Babb Nicholas K. Kile Indianapolis, Indiana ATTORNEY FOR AMICI CURIAE INDIANA ASSOCIATION OF CITIES & TOWNS AND INDIANA MUNICIPAL LAWYERS ASSOCIATION R. Thomas Bodkin Evansville, Indiana ATTORNEYS FOR AMICI CURIAE TOWN OF PENDLETON, TOWN OF WHITESTOWN, CITY OF MUNCIE, CITY OF ANDERSON, AND TOWN OF FISHERS Karl L. Mulvaney Nana Quay-Smith Kent D. Zepick Indianapolis, Indiana Douglas D. Church Noblesville, Indiana Christina J. Atkinson Zionsville, Indiana Frank E. Gilkison Muncie, Indiana David Allen Happe Anderson, Indiana ATTORNEY FOR AMICI CURIAE PROFESSOR EMERITUS ROGER B. PARKS AND PROFESSOR ROBERT S. KRAVCHUK Paul Helmke Fort Wayne, Indiana

ATTORNEYS FOR APPELLEES Robert S. Schein Andrew B. Buroker Matthew R. Strzynski Indianapolis, Indiana ATTORNEYS FOR AMICI CURIAE SUMMERLAKES PROPERTY OWNERS ASSOCIATION, INC., WESTON PLACE HOMEOWNERS' ASSOCIATION, INC., LAURELWOOD HOMEOWNERS' ASSOCIATION, INC., CROOKED STICK WEST HOMEOWNERS' ASSOCIATION, INC., CEDAR POINT HOMEOWNERS' ASSOCIATION, INC., AND GEIST UNITED OPPOSITION, INC. Lee B. McTurnan Shannon D. Landreth Indianapolis, Indiana

In the

Indiana Supreme Court
No. 29S00-0608-CV-300 CITY OF CARMEL, INDIANA Appellant (Respondent below),

v. CERTAIN SOUTHWEST CLAY TOWNSHIP ANNEXATION TERRITORY LANDOWNERS, Appellees (Petitioners below).

Appeal from the Hamilton Superior Court No. 3, No. 29D03-0502-MI-188 The Honorable William J. Hughes, Judge

On Petition to Transfer Pursuant to Indiana Appellate Rule 56(A)

June 27, 2007

Shepard, Chief Justice.

The City of Carmel annexed territory in the southwest corner of Hamilton County representing roughly 3,400 parcels, and remonstrators contested the annexation. The

organization leading the remonstrance negotiated favorable terms with the city and decided to settle. In a referendum among landowners, a majority voted in favor of settling. We conclude they were entitled to do so, and reverse the trial court's judgment which effectively held otherwise.

Facts and Procedural History

At Carmel's June 21, 2004 city council meeting, Carmel introduced ordinance C263 and a supporting fiscal plan for the purpose of annexing territory in southwest Clay Township. The territory is between 96th Street and 116th Street, and roughly west of U.S. 31 to the Boone County line. Carmel notified landowners in the territory on July 2, and published a notice in the Noblesville Ledger two weeks later. At about the same time, Carmel revised its fiscal plan to correct typos and published the updated version on Carmel's website. On November 24, the Carmel city council passed C263, and notice of its adoption was published two days later.

2

Over the following weeks, an organization of southwest Clay landowners called "No Ordinance for Annexation" ("NOAX") led a drive to obtain signatures from 65% of the effected landowners, the number necessary to file a remonstrance petition under Ind. Code

Download City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory

Indiana Law