Legal Opinion

City of Fort Wayne v. Certain Southwest Annexation Area Landowners

Indiana Supreme Court

Decided March 12, 2002No. 02S05-0109-CV-412PublishedCited by 10 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

In 1996, the City of Fort Wayne annexed nearly thirteen square miles with a population of 22,500 residents, postponing the effective date to 2006. Remonstrators contested the annexation. The trial court found the Fiscal Plan for annexation legally deficient for several reasons, largely because it predicted the costs of services in 2006 by calculating current costs and adding inflation. This was in effect a "judicial audit" of a decision that is legislative in nature. We reverse.

Facts and Procedural History

On December 3, 1996, the Common Council of Fort Wayne passed…

2Cases cited5 opinions

  1. Chidester v. City of HobartIndiana Supreme Court · 1994
  2. Bradley v. City of New CastleIndiana Supreme Court · 2002
  3. City of Hobart v. ChidesterIndiana Supreme Court · 1992
  4. Samek v. StateIndiana Court of Appeals · 1997
  5. City of Fort Wayne v. Certain Southwest Annexation Area LandownersIndiana Court of Appeals · 2001

3Cited by10 opinions

  1. City of Carmel v. Certain Southwest Clay Township Annexation Territory LandownersIndiana Supreme Court · 2007
  2. Town of Fortville v. Certain Fortville Annexation Territory LandownersIndiana Supreme Court · 2016
  3. City of Muncie v. Certain Halteman Village Section IIndiana Court of Appeals · 2009
  4. In re the Annexation Proposed by Ordinance No. X-01-95Indiana Court of Appeals · 2002
  5. American Cold Storage NA v. City of BoonvilleIndiana Court of Appeals · 2015

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