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Supreme Court Decision in Fortville Annexation
On April 28, 2016, the Indiana Supreme Court published its decision in Town of Fortville v Certain Fortville Annexation Territory Landowners, Case No. 30S01-1510-MI-626. This decision, which held in favor of the landowner who opposed the annexation, could provide significant benefit to the owners of agricultural land facing a hostile annexation by a nearby city or town. Of course, to avail themselves of this remedy, the landowners must file a remonstrance to the annexation.
When a municipality is annexing agricultural land, it must establish “[t]hat the territory sought to be annexed is . . . needed and can be used by the municipality for its development in the reasonably near future.” I.C. § 36-4-3-13(c)(2) (2013). The sole issue before the Supreme Court was whether the trial court followed the law when it held that Fortville did not meet that burden.
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Stephen R. Buschmann
Thrasher Buschmann & Voelkel, P.C.
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Coming Events
Estate & Succession Planning for the Family Farm - Thursday, July 21, 2016. This event will take place at the Indiana Farm Bureau home office, Assembly Halls A-D. Registration opens the end of May. Cost is $35 per person. Continuing legal education credits for attorneys is being sought.
2016 Drainage School - Wednesday, August 24, 2016 - NEW LOCATION. This event is hosted by Indiana Farm Bureau and this year the program will take place at the Jonathan Byrd's Banquet and Conference Center, 100 Byrd Way, Greenwood, IN 46143. Registration will open the beginning of June. More details coming soon.
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