Legal Opinion

Rogers v. Municipal City of Elkhart

Indiana Supreme Court

Decided November 26, 1997No. 20S03-9605-CV-317PublishedCited by 26 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

The Court of Appeals held in this ease that only land which has been subjected to the regulatory process for platting and recording can be considered “subdivided” territory eligible for annexation by a contiguous municipality. We conclude that this holding exceeds the standard set by law.

Case History

The City of Elkhart enacted an ordinance to annex 439 acres of Cleveland Township, Elkhart County, under the authority granted by Indiana Code § 36-4-3-13. Several residents of the annexed territory remonstrated, and the Elkhart Superior Court heard evidence on the…

2Cases cited8 opinions

  1. Chidester v. City of HobartIndiana Supreme Court · 1994
  2. City of Indianapolis, Etc. v. WynnIndiana Supreme Court · 1959
  3. Forsythe v. City of HammondIndiana Supreme Court · 1895
  4. City of Aurora v. BRYANTIndiana Supreme Court · 1960
  5. KING v. City of BloomingtonIndiana Supreme Court · 1959

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3Cited by26 opinions

  1. City of Carmel v. SteeleIndiana Supreme Court · 2007
  2. Bradley v. City of New CastleIndiana Supreme Court · 2002
  3. Chemical Waste Management of Indiana, L.L.C. v. City of New HavenIndiana Court of Appeals · 2001
  4. City of Carmel v. Certain Southwest Clay Township Annexation Territory LandownersIndiana Supreme Court · 2007
  5. Town of Brownsburg, Indiana v. Fight Against Brownsburg AnnexationIndiana Supreme Court · 2019

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