Legal Opinion
Municipal City of South Bend v. Kimsey
Indiana Supreme Court
Decided January 15, 2003No. 71S03-0203-CV-183PublishedCited by 33 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
Article IV, Section 28 of the Indiana Constitution prohibits special legislation where a general law can be made applicable. We hold that this provision is violated by a 1998 law applicable only to St. Joseph County and permitting a majority of landowners in an affected area of that county to block annexation by a municipality.
Factual and Procedural Background
Until 1993, if a municipality sought to annex adjacent territory, it needed to satisfy only the requirements of Indiana Code section 36-4-3-18. That section, which remains the law today, set forth a…
2Cases cited27 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Marbury v. MadisonSupreme Court of the United States · 1803
- Reynolds v. SimsSupreme Court of the United States · 1964
- Dorchy v. KansasSupreme Court of the United States · 1924
- Collins v. DayIndiana Supreme Court · 1994
22 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State Ex Rel. Attorney General v. Lake Superior CourtIndiana Supreme Court · 2005
- SMDfund, Inc. v. Fort Wayne-Allen County Airport AuthorityIndiana Supreme Court · 2005
- Paul Stieler Enterprises, Inc. v. City of EvansvilleIndiana Supreme Court · 2014
- City of Hobart Common Council v. Behavioral Institute of Indiana, LLCIndiana Court of Appeals · 2003
- City of Hammond v. Herman & Kittle Properties, Inc. and State of IndianaIndiana Supreme Court · 2019
28 more not listed; retrieve them via the Exa API.