Town of Lapel, Indiana v. City of Anderson, Indiana

OPINION

BAKER, Judge.

The Town of Lapel (Lapel) appeals the trial court’s order granting summary judgment to the City of Anderson (Anderson). After Lapel annexed a parcel of real property located in Madison County, Anderson filed a declaratory judgment action seeking to have the annexation declared invalid and void. The general rule is that the only way to challenge an annexation is via a statutory remonstrance or statutory appeal. Anderson does not meet the criteria to be a remonstrator or a statutory appellant. There are limited exceptions to the general rule, providing that under certain…