Legal Opinion

City of Carmel v. Certain Southwest Clay Township Annexation Territory Landowners

Indiana Supreme Court

Decided June 27, 2007No. 29S00-0608-CV-300PublishedCited by 17 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

The City of Carmel annexed territory in the southwest corner of Hamilton County representing roughly 3,400 parcels, and re-monstrators contested the annexation. The organization leading the remonstrance negotiated favorable terms with the city and decided to settle. In a referendum among landowners, a majority voted in favor of settling. We conclude they were entitled to do so, and reverse the trial court’s judgment which effectively held otherwise.

Facts and Procedural History

At Carmel’s June 21, 2004 city council meeting, Carmel introduced ordinance C263 and a…

2Cases cited5 opinions

  1. Bradley v. City of New CastleIndiana Supreme Court · 2002
  2. City of Hobart v. ChidesterIndiana Supreme Court · 1992
  3. Rogers v. Municipal City of ElkhartIndiana Supreme Court · 1997
  4. Taggart v. ClaypoolIndiana Supreme Court · 1896
  5. City of Fort Wayne v. Certain Southwest Annexation Area LandownersIndiana Supreme Court · 2002

3Cited by17 opinions

  1. Annexation Ordinance F-2008-15 v. City of EvansvilleIndiana Court of Appeals · 2011
  2. Fight Against Brownsburg Annexation v. Town of Brownsburg, IndianaIndiana Court of Appeals · 2015
  3. Madison County Board of Commissioners v. Town of IngallsIndiana Court of Appeals · 2009
  4. City of Muncie v. Certain Halteman Village Section IIndiana Court of Appeals · 2009
  5. Town of Whitestown, Indiana v. Rural Perry Township LandownersIndiana Court of Appeals · 2015

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