Legal Opinion
City of Kokomo Ex Rel. Goodnight v. Pogue
Indiana Court of Appeals
Decided December 16, 2010No. 34A02-1003-MI-356PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
The City of Kokomo and the Kokomo Common Council (collectively "Kokomo") appeal the trial court's denial of its motion to dismiss a remonstrance petition filed by a group of landowners whose land Kokomo wishes to annex (collectively "the Remon-strators"). We reverse.
Issue
The sole restated issue is whether the trial court properly rejected Kokomo's assertion that a substantial number of landowners who signed the remonstrance petition had waived their ability to challenge the annexation, thus bringing the total number of remonstrators below the statutory minimum…
2Cases cited10 opinions
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Bradley v. City of New CastleIndiana Supreme Court · 2002
- Rogers v. Municipal City of ElkhartIndiana Supreme Court · 1997
- DOAN v. City of Fort WayneIndiana Supreme Court · 1969
- Sons v. City of Crown PointIndiana Court of Appeals · 1998
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Annexation Ordinance F-2008-15 v. City of EvansvilleIndiana Court of Appeals · 2011
- Fight Against Brownsburg Annexation v. Town of Brownsburg, IndianaIndiana Court of Appeals · 2015
- City of Boonville v. American Cold StorageIndiana Court of Appeals · 2011
- Bodemer v. Swanel Beverage, Inc.District Court, N.D. Indiana · 2012
- Certain Westfield Southeast Area 1 Annexation Territory Landowners and Certain Westfield Southeast Area 2 Territory Landowners v. City of WestfieldIndiana Court of Appeals · 2012
1 more not listed; retrieve them via the Exa API.