Bloomington officials examine annexation paperwork while deciding whether to go to court - The Herald-Times
If the city of Bloomington decides to sue the state over a 2019 law that significantly undermined the mayor’s annexation plan, such a suit would be filed “soon,” city attorney Mike Rouker told The Herald-Times.
The 2019 law sharply increased the number of property owners in annexation areas who could formally object to annexation. That made it much less likely that the mayor’s plan to annex about 8,200 acres and 14,300 residents would succeed.
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Annexation opponents gathered enough remonstrance petitions to stop annexation in five of seven proposed areas, while residents in two other areas have taken their case to court.
Without that 2019 law, the number of people who could have filed remonstrance petitions would have been significantly lower. Based on data from county and city officials, without that law annexation would have proceeded in five of the seven areas instead of just two.
Only in two small areas, the west-central and southwestern islands, with a combined population of 1,376, have opponents filed enough remonstrance petitions to avoid annexation even if the 2019 law is voided.
Bloomington Mayor John Hamilton has called the 2019 law unconstitutional. Other city leaders also have questioned the validity of the law.
If the city does file suit over the law, it would set up the second annexation-related constitutional clash with state leaders. City leaders prevailed in a previous challenge before the Indiana Supreme Court.
Legal experts have told the H-T a challenge of the 2019 law would raise some fascinating questions about property rights, contract law and the balance between municipal and state powers. They also said while the outcome of such a case would be unclear, the city may have a case.
The H-T this week emailed Rouker some questions about annexation-related litigation. The questions and Rouker's answers follow.
Q: When does the city expect to complete its examination of the remonstrance data?
A: There are a lot of data to review, and we honestly don't know when the review will be completed. So we can't give you an estimate at this point, though we are continuing to look at possible defects.
Q: Can you say what, specifically, you're examining? What results has the examination produced so far? Is the city considering challenging the auditor's remonstrance certifications?
A: I can't comment on the results to date, but I can tell you that we're reviewing petitions for a number of possible defects. For example, we're reviewing petitions to make sure they're properly notarized, signed, and witnessed. We're also making sure petitions were timely submitted and processed, among other things.
Q: What's the timeframe in which the city plans to decide whether to challenge the 2019 waiver law?
A: Any lawsuit challenging the 2019 law would be filed soon.
Q: Would the administration determine this unilaterally or seek input/approval from the council?
A: The executive branch of city government is responsible for making decisions about how to best implement legislation passed by the city council. Last September, the council passed seven annexation ordinances. I would note that during the process of adopting annexation ordinances, the council expressed skepticism regarding the constitutionality of the 2019 statute that voided municipal contracts. It's now the executive branch's decision about the best approach to give meaning to the council's annexation ordinances.
Q: Would a challenge of the 2019 law follow a potential challenge of the remonstrance certification or is it possible that both would be challenged contemporaneously?
A: We would raise all relevant concerns regarding the auditor's final petition counts, in any and all forums in which these issues are litigated. Beyond that, we can't speculate on how different proceedings might interact.
Q: Or would both such challenges occur after the city defends the annexation of areas 1A and 1B?
A: Again, we prefer not to speculate on the precise course of any legal proceedings.
Boris Ladwig is the city government reporter for The Herald-Times. Contact him at [email protected].
source: https://www.heraldtimesonline.com/story/news/local/2022/03/18/bloomington-2019-annexation-lawsuit-challenge/7075125001/
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