Bloomington Annexation

From The Bloomington Chronicle
Revision as of 14:58, 18 February 2025 by Chronically Dave (talk | contribs)
This is a map of the city of Bloomington and seven surrounding areas that were considered for annexation, starting in 2017.
Map of proposed annexation areas included in a meeting information packet for a Bloomington city council work session scheduled for Feb. 3, 2017.

This timeline is not exhaustive.

  • 2025-02-18 Constitutional question. The Court of Appeals rules against Bloomington on constitutional question, affirming the trial court's grant of partial summary judgment. The court holds that Bloomington, as a municipality, lacks enforceable rights under the contract clauses of the federal or state constitutions, to challenge the 2019 Act as an impairment of its contracts with landowners. The court also finds that even if Bloomington could challenge the 2019 Act, the 2019 Act does not substantially impair Bloomington's contracts under contract clauses of the federal or state constitutions—because it doesn't disturb the principal elements of the contracts and municipal annexation is traditionally regulated by the state. [copy of ruling]
  • 2024-12-17 Constitutional question. 3-judge panel hears arguments in Bloomington annexation appeal, ruling expected in a few months [BSB coverage]
  • 2024-11-13 Constitutional question. Oral arguments in front of the Court of Appeals for the constitutional case are scheduled for Dec. 17, 2024. [copy of scheduling order]
  • 2024-10-28 Constitutional question. Bloomington files a reply brief as the appellant in the Indiana Court of Appeals to argue that the 2019 Law unconstitutionally impaired existing contracts by retroactively invalidating annexation remonstrance waiver agreements. The City contends that the 2019 Law substantially and retroactively impaired its contracts with landowners, hindering its annexation efforts, and that it has standing to raise this constitutional challenge. [copy of Bloomington's brief]
  • 2024-10-13 Trial on the merits. Bloomington releases annexation trial exhibits, court of appeals case still waiting on transcript [BSB coverage]
  • 2024-10-04 Constitutional question. The state of Indiana files a brief in the Indiana Court of Appeals, arguing that Bloomington's contract clause challenges to the 2019 Act should be rejected because Bloomington, as a political subdivision, cannot assert such claims against the state and the 2019 Act reasonably protects landowners. The state contends that Bloomington lacks vested rights under the constitution's contract clause and that the 2019 Act is a valid exercise of police power, setting time limits on annexation waivers to prevent them from clouding titles and protect landowners' expectations. [copy of state's brief]
  • 2024-09-18 Trial on the merits. County Residents Against Annexation, Inc., files a petition for award of attorney fees Bloomington, requesting $274,911.83 to cover legal costs. [copy of petition for fee award]
  • 2024-09-04 Constitutional question. Bloomington files brief in the Indiana Court of Appeals, challenging the trial court's decision that upheld the constitutionality of the 2019 Law, which retroactively invalidated annexation remonstrance waiver agreements. Bloomington argues that the law impairs existing contracts and that the City has the standing to raise this constitutional challenge. [copy of Bloomington's brief]
  • 2024-08-15 Trial on the merits: Bloomington to appeal. Bloomington mayor Kerry Thomson issues a statement announcing Bloomington's decision to appeal judge Nathan Nikirk's annexation ruling because city officials believe strongly in the merits of their case and the importance of annexation for the city's long-term health and success. Thomson sends email to Monroe County officials on the same topic, saying, "While I know that there was insufficient outreach before the annexation process was announced, I hope to lead the way in accepting feedback, creating an open line of communication, and creating a welcoming atmosphere in our city no matter the outcome of this appeal process." [copy of Thomson's statement] [copy of Thomson's email] [BSB coverage]
  • 2024-08-09 Annexation update: Bloomington mayor, city council to hold closed-door meeting on litigation [BSB coverage]
  • 2024-08-07 Trial on the merits: Court rules against Bloomington. Special judge Nathan Nikirk issues a judgment in favor of the remonstrators (County Residents Against Annexation, Inc., et al.) and against Bloomington, ruling that the proposed annexation of Areas 1A and 1B may not proceed because Bloomington did not meet the statutory requirements for annexation. The court found that Bloomington failed to demonstrate that Areas 1A and 1B satisfied the conditions for annexation under Indiana law and that the annexation was not in the best interest of the landowners. CRAA issues a news release. [copy of judge's order] [copy of CRAA news release] [BSB coverage]
  • 2024-07-29 Bloomington doesn't budge on sewer extension denial, sticks to annexation-related policy [BSB coverage]
  • 2024-07-08 Constitutional question. Bloomington asks judge for 'magic language' so adverse annexation ruling can be appealed [BSB coverage]
  • 2024-06-18 Constitutional question. Court rules against Bloomington. Special judge Nathan Nikirk denies Bloomington's motion for partial summary judgment and grants the State of Indiana's cross-motion for partial summary judgment. The court determines that Bloomington's challenges to the 2019 Act, which concerned the federal and state constitutional contract clauses and principles of fundamental fairness, failed. [copy of judge's order] [BSB coverage]
  • 2024-05-04 Trial on the merits. Weeklong Bloomington annexation trial: It's a wrap, each side gets 45 days to submit final brief [BSB coverage]
  • 2024-05-02 Trial on the merits. Friday: Final day of Bloomington annexation trial [BSB coverage]
  • 2024-04-30 Trial on the merits. Bloomington annexation trial a slog in first 2 days, judge warns he could require Saturday session [BSB coverage]
  • 2024-04-09 Trial on the merits. Special judge Nathan Nikirk denies Bloomington's motion to remove County Residents Against Annexation, Inc. (CRAA) as a party, without providing specific reasons in the order. [copy of judge's order] [BSB coverage]
  • 2024-03-28 Trial on the merits. County Residents Against Annexation, Inc. (CRAA) files a supplement to their objection to Bloomington's motion to remove them as a party, asserting that CRAA's purpose is to represent county needs and desires throughout involuntary annexation attempts and that there would be no prejudice to the respondents if the motion to remove CRAA is denied. [copy of CRAA's brief]
  • 2024-03-16 Constitutional question. Oral arguments heard in Bloomington's annexation lawsuit, decision at least a month away [BSB coverage] [BSB coverage]
  • 2024-02-29 Trial on the merits. Bloomington files a brief in support of their motion to remove County Residents Against Annexation, Inc. (CRAA) as a party, arguing that CRAA lacks standing because it does not own land in the annexation area and is attempting to represent landowners who did not properly file remonstrance petitions. The City contends that CRAA's participation would undermine the statutory requirements for remonstrance and that CRAA's claims of associational standing are unsupported by evidence or relevant legal precedent [copy of Bloomington's brief]
  • 2024-02-26 Trial on the merits. County Residents Against Annexation, Inc. (CRAA) files an objection to the Bloomington's motion to remove CRAA as a party, arguing that the motion was untimely and that CRAA has a direct interest in the outcome of the suit as a representative of residents who oppose involuntary annexation. [copy of CRAA's brief]
  • 2024-02-13 Trial on the merits. Bloomington files a motion to remove County Residents Against Annexation, Inc. (CRAA) as a party in the annexation case, arguing that CRAA is not a landowner in the annexation areas and therefore is not a proper party. The City contends that CRAA has no members and cannot represent landowners who did not file remonstrance petitions, asserting that allowing CRAA to represent these landowners would undermine the statutory requirements for filing a remonstrance. [copy of Bloomington's brief]
  • 2024-02-11 Bloomington proceeding with annexation court cases, might negotiate timeline for adding territory [BSB coverage]
  • 2024-02-08 Constitutional question. Hearing cancelled. Special judge Kelsey Hanlon of Owen Circuit Court sends email message to the parties, resetting the scheduled hearing on her own motion due to a recent change in her husband’s employment that may have created an unwaivable conflict of interest. Hanlon issues order cancelling hearing, and recusing herself. Her husband's employment is ?? [copy of judge's email] [copy of judge's order] [BSB coverage]
  • 2024-01-03 Constitutional question. Bloomington files a motion, seeking permission to respond to new arguments raised by the state of Indiana in its previous brief. The new arguments claim preclusion (res judicata) and collateral estoppel. [copy of Bloomington's brief]
  • 2024-01-02 County Residents Against Annexation (CRAA) issue a press release to remind the public about upcoming court proceedings related to Bloomington's attempted involuntary annexations and encourage attendance. CRAA emphasizes that the Bloomington has the power to unilaterally end the annexation dispute and highlights the upcoming hearings and trial dates in early 2024. [copy of CRAA's news release]

2023

  • 2023-10-30 Constitutional question. The state of Indiana files a brief in support of its cross-motion for partial summary judgment, arguing that Bloomington's claims should be dismissed based on claim preclusion (res judicata), the idea that the state constitution's contract clause does not confer rights to political subdivisions against the state, and the idea that the 2019 Act is a reasonable protection for landowners against delay in annexation action by a city. The state contends that the Bloomington's dismissal of two identical actions, for other annexation areas, with prejudice, bars relitigation. [copy of state's brief]
  • 2023-10-19 Judge greenlights start of Bloomington annexation trials, schedule not yet set [BSB coverage]
  • 2023-10-18 Ruling expected Thursday morning on timing of Bloomington annexation trial [BSB coverage]
  • 2023-10-10 Constitutional question. Bloomington files a brief in support of its partial motion for summary judgment and in opposition to the intervenor's (State of Indiana) cross-motion for partial summary judgment, arguing that the 2019 Act impairs the obligation of contracts and thus violates the state constitution's contracts clause. Bloomington says that because the 2019 Act retroactively voided remonstrance waivers, it rewarded certain private actors at the expense of others, and does not constitute a necessary exercise of police power. [copy of Bloomington's brief]
  • 2023-09-29 Bloomington still looking for annexation trial to start sooner, not later [BSB coverage]
  • 2023-09-15 Bloomington moves to dismiss 2 of own lawsuits as legal tactic to push annexation trial ahead [BSB coverage]
  • 2023-09-05 Trial on the merits. The court issues ruling saying that the trial on the merits for Bloomington's annexation of Area 1A and Area 1B will be put off until the lawsuit on the constitutional question is resolved. [BSB coverage]
  • 2023-09-01 Trial on the merits. Oral arguments are heard on the question of allowing remonstrators more time to collect signatures based on the COVID-19 pandemic. Judge Nathan Nikirk does not rule from the bench, but says says his decision will come on Sept. 5, 2023. [BSB coverage]
  • 2023-04-04 Democratic Party's mayoral candidates talk annexation, encampments, Lower Cascades closing [BSB coverage]
  • 2023-02-25 Trial on the merits. Judge: No more time for remonstrators to collect signatures against Bloomington annexation [BSB coverage]

2022

  • 2022-06-09 Trial on the merits. Remonstrators in two annexation territories (Area 1A and Area 1B), which gathered enough signatures to force a court review of Bloomington's annexation of those territories, ask for more time to collect signatures so that they might collect enough signatures to stop annexation outright. The resmontrators cite the COVID-19 pandemic as the basis of their request for more time. [BSB coverage] Key to the legal analysis is the definition of "proceeding." [BSB coverage]
  • 2022-05-18 Constitutional question. As an intervener (because a constitutional question is raised), the state of Indiana, represented by Attorney General Todd Rokita, files an answer to Bloomington's complaint, generally denying the city's allegations and arguing that the challenged laws are constitutional. The state's response denies Bloomington's claim about the unconstitutionality of the 2019 law and its application. [copy of state's brief]
  • 2022-03-29 Constitutional question. The city of Bloomington files a complaint against Monroe County auditor Catherine Smith, one complaint for each of seven annexation territories, due to a dispute over the constitutionality and application of the 2019 law regarding annexation, as well as errors in the auditor's final determination of remonstrance numbers. The city is seeking declaratory and injunctive relief, arguing that the 2019 law unconstitutionally impairs contracts and that Smith incorrectly included defective remonstrance petitions in her counts. [copy of Bloomington's complaint]
  • 2022-03-16 Trial on the merits. Remonstrators in two annexation territories (Area 1A and Area 1B) file papers in Monroe County circuit court to force review of Bloomington's annexation. [BSB coverage]
  • 2022-02-23 Remonstrance activity. The certified results from Monroe County auditor indicate that there are enough signatures of property owners to stop Bloomington's annexation of five of seven territories (Area 1-C, Area, 2, Area 3, Area, 4, Area 5). The auditor's certified results indicate that there are enough signatures of property owners to force a court review for two of the territories (Area 1A and Area 1B) [BSB coverage]
  • 2022-02-09 Remonstrance activity. The city of Bloomington's count of signatures puts the percentage of property owners signing remonstrance petitions at enough to stop the annexation outright for three of the territories (Area 3, Area 4, Area 5) and enough to force review by a court for others, depending on which waivers of the right to remonstrate are considered valid. [BSB coverage]
  • 2022-01-15 Remonstrance activity. The raw tally of remonstrance signatures by the county auditor looks like it's enough to stop annexation outright in six of seven areas. For Area 1B, the percentage of property owners signing a remonstrance petition is enough to force a review by the court. Bloomington annexation remonstrance final raw tally: Automatic stop in play for six of seven areas, court review now possible for one [BSB coverage]
  • 2022-01-06 Remonstrance activity. Annexation fight: Strong signature counts in all areas as deadline passes, wait starts for final tally [BSB coverage]

2021

  • 2021-12-05 Remonstrance activity. So-called ‘islands’ making strong effort against Bloomington annexations, as Jan. 6 deadline looms [BSB coverage]
  • 2021-11-28 Analysis of impact. Annexation notebook: Bloomington would get a bit less diverse if all additions of territory go through [BSB coverage]
  • 2021-10-08 Remonstrance activity. Remonstrators against annexation have until Jan. 6, 2022 to submit signatures. Remonstrantors say: “We are to be reckoned with.” [BSB coverage]
  • 2021-09-23 Bloomington city council OKs annexation on 6-3 votes for all territories, except north area. The seven territories approved by the city council for annexation are: (Area 1A) South-West A; (Area 1B) South-West B; (Area 1C) South-West C; (Area 2) South-East; (Area 3) North Island; (Area 4) Central Island; (Area 5) South Island. [BSB coverage]
Legislative item                  Territory                            Outcome                                                                                                                         
Ordinance 17-09 (Area 1A) South-West A Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan. No: Rollo, Sandberg, Smith [copy of Ordinance 17-09 as amended]
Ordinance 17-10   (Area 1B) South-West B Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan. No: Rollo, Sandberg, Smith [copy of Ordinance 17-10 as amended]
Ordinance 17-11 (Area 1C) South-West C Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan. No: Rollo, Sandberg, Smith [copy of Ordinance 17-11 as amended]
Ordinance 17-12 (Area 2) South-East Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan. No: Rollo, Sandberg, Smith [copy of Ordinance 17-12 as amended]
Ordinance 17-13 (Area 3) North Island Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan. No: Rollo, Sandberg, Smith [copy of Ordinance 17-13 as amended]
Ordinance 17-14 (Area 4) Central Island Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan. No: Rollo, Sandberg, Smith a [copy of ordinance 17-14 as amended]
Ordinance 17-15   (Area 5) South Island Yes: Flaherty, Piedmont-Smith, Rosenbarger, Sgambelluri, Sims, Volan No: Rollo, Sandberg, Smith [copy of Ordinance 17-15 as amended]
Ordinance 17-17 North Area No: Yes: Flaherty, Piedmont-Smith, Rollo, Rosenbarger, Sandberg, Sgambelluri, Sims, Smith, Volan [copy of Ordinance 17-17??]
  • 2021-09-16 1 down, 7 to go: Bloomington city council OKs westside area for annexation, recesses meeting until Sept. 22 for remaining votes [BSB coverage]
  • 2021-09-01 Bloomington annexation now two small chunks smaller, votes set for Sept. 15 [BSB coverage]
  • 2021-08-29 Potential amendments to Bloomington’s annexation plan on Tuesday special meeting agenda [BSB coverage]
  • 2021-08-19 Column: Connecting some annexation dots with Bloomington's 2020 Census data [BSB coverage]
  • 2021-08-11 Cost for flyer against annexation reimbursed, Monroe County commissioners announce official opposition to Bloomington’s plan [BSB coverage]
  • 2021-08-10 Annexation update: Electronic access at city hall for public hearing, city releases waiver data, Area 7 likely out [BSB coverage]
  • 2021-08-08 Concern about Bloomington’s police staffing levels in light of potential annexations: By the numbers [BSB coverage]
  • 2021-08-07 State law OK’d in 2015 might curb future Bloomington expansion, if current annexation proposals are approved [BSB coverage]
  • 2021-08-04 Bloomington annexation hearing updates: Possible postponement until 4 p.m. with no in-person access [BSB coverage]
  • 2021-08-03 Analysis: Most Bloomington annexation remonstrance waivers not valid under 2019 law, population density unevenly spread [BSB coverage]
  • 2021-07-29 Consultant scrutinizes Bloomington’s annexation fiscal plan: $866K bigger blow to Monroe County local income tax revenue [BSB coverage]
  • 2021-07-10 Township trustee on timing for Bloomington annexation: “What I'm hearing…is that's taxation without representation.” [BSB coverage]
  • 2021-07-07 Analysis A first look at remonstrance waivers: Numerical impact of new law not yet measured for Bloomington’s annexation effort [BSB coverage]
  • 2021-06-30 Video produced opposing Bloomington’s planned "island annexation: "We definitely don't want to pay higher taxes. [BSB coverage]
  • 2021-06-02 Bloomington’s planned annexation: County hires own consultant, city clarifies map [BSB coverage]
  • 2021-05-20 Bloomington’s annexation restart shows a couple of wobbles, still on steady course for Aug. 4 public hearings, September votes [BSB coverage]
  • 2021-05-08 Bloomington preps for annexation restart on May 19, will assume remonstrance waivers voided by state legislature are valid [BSB coverage]
  • 2021-04-28 Bloomington to restart 2017 annexation process [BSB coverage]

2020

  • 2020-12-15 The Indiana Supreme Court rules 3-2 in favor of Bloomington, determining that the 2017 law was unconstitutional because it was special legislation applying uniquely to Bloomington when general legislation could have been enacted. Mayor John Hamilton expressed frustration at the three-and-a-half-year wait for this conclusion. Hamilton stated that nothing is imminent as far as restarting the annexation process. [BSB coverage]
  • 2020-01-09 Questions from Supreme Court justices point to heart of annexation law case involving Bloomington: Was the governor the right person to sue? [BSB coverage]
  • 2020-01-07 Thursday morning: Internet stream for Bloomington's arguments in front of Indiana Supreme Court on annexation law [BSB coverage]

2019

  • 2019-11-15 Oral Arguments in front of Supreme Court scheduled for Bloomington's lawsuit over annexation law: Jan. 9, 2020 [BSB coverage]
  • 2019-09-30 Bloomington's wait begins: State's appeal of annexation ruling now fully briefed [BSB coverage]
  • 2019-08-29 Bloomington responds to State of Indiana's appeal brief in 2017 annexation case: "Nonsense." [BSB coverage]
  • 2019-07-27 State's first brief now filed with Indiana Supreme Court in appeal of lower court decision on special Bloomington annexation law [BSB coverage]
  • 2019-06-25 Bloomington annexation lawsuit update: Deadline for appeal brief extended until July 25 [BSB coverage]
  • 2019-04-18 Judge says legislation that halted Bloomington's annexations in 2017 is unconstitutional for two reasons [BSB coverage]
  • 2019-03-27 Question of burden adds some flavor to oral arguments in Bloomington's annexation lawsuit [BSB coverage]
  • 2019-03-25 Holcomb admits allegation that he was elected governor of Indiana, and other insights from court filings in Bloomington annexation lawsuit [BSB coverage]
  • 2019-03-25 Monroe County Public Library a source of map collections showing Bloomington's past annexations [BSB coverage]

2017

  • 2017-10-18 Bloomington city council enacts and ordinance that approves an agreement in lieu of annexation between Bloomington and Cook Medical. Under agreement, Cook is to make payments to the city in exchange for the city not annexing Cook's real property. These payments, set at a minimum of $100,000 per year, starting in 2018 and ending in 2032 (that is,15 years), are to be deposited in Bloomington's general fund. [copy of Ordinance 17-39]
  • 2017-04-27 Indiana governor Eric Holcomb signs the binennial budget bill for 2018–2019 into, which the state legislature amended to include a provision that stopped the annexation process that Bloomington was pursuing at the time. [copy of biennial budget bill]
  • 2017-03-29 Bloomington's city council considers nine resolutions and nine ordinances, one for each annexation area. [copy of meeting minutes]
  • 2017-03-29 Bloomington's city council considers nine resolutions and nine ordinances, one for each annexation area. [copy of meeting minutes]
Legislative item                  Territory                        Outcome                                                                                                                            
Resolution 17-16 South-West A Area Adopted with 6 Yes (Chopra, Mayer, Piedmont-Smith, Rollo, Sandberg, Volan), 2 No (Sturbaum, Ruff), 1 Abstain (Granger).
Ordinance 17-09 South-West A Area Introduced and read.
Resolution 17-17 South-West B Area Adopted with 6 Yes (Chopra, Mayer, Piedmont-Smith, Rollo, Sandberg, Volan), 2 No (Sturbaum, Ruff), 1 Abstain (Granger).
Ordinance 17-10   South-West B Area Introduced and read.
Resolution 17-18 South-West C Area Adopted with 6 Yes (Chopra, Mayer, Piedmont-Smith, Rollo, Sandberg, Volan), 2 No (Sturbaum, Ruff), 1 Abstain (Granger).
Ordinance 17-11 South-West C Area Introduced and read.
Resolution 17-19 South-East Area Adopted with 5 Yes (Chopra, Mayer, Rollo, Sandberg, Volan), 2 No (Piedmont-Smith, Ruff), 2 Abstain (Granger, Sturbaum). Initial vote failed with 4 Yes. On reconsideration, Rollo changed his vote from Abstain to Yes.
Ordinance 17-12 South-East Area Introduced and read.
Resolution 17-20 North Island Area Adopted unanimously with 9 Yes (Chopra, Granger, Mayer, Piedmont-Smith, Rollo, Ruff, Sandberg, Sturbaum, Volan).
Ordinance 17-13 North Island Area Introduced and read.
Resolution 17-21 Central Island Area Adopted unanimously with 9 Yes (Chopra, Granger, Mayer, Piedmont-Smith, Rollo, Ruff, Sandberg, Sturbaum, Volan).
Ordinance 17-14 Central Island Area Introduced and read.
Resolution 17-22 South Island Area Adopted unanimously with 9 Yes (Chopra, Granger, Mayer, Piedmont-Smith, Rollo, Ruff, Sandberg, Sturbaum, Volan).
Ordinance 17-15   South Island Area Introduced and read.
Resolution 17-23 Northeast Area Failed with 2 Yes (Sandberg, Mayer), 7 No (Chopra, Granger, Piedmont-Smith, Rollo, Ruff, Sturbaum, Volan).
Ordinance 17-16 Northeast Area Vote to introduce: Failed with 0 Yes, 9 No.
Resolution 17-24 North Area Adopted with 6 Yes, 2 No (Granger, Piedmont-Smith), 1 Abstain (Sturbaum).
Ordinance 17-17 North Area Vote to introduce: Approved with 7 Yes (Chopra, Mayer, Rollo, Ruff, Sandberg, Volan), 2 No (Piedmont-Smith, Granger)

2004

2002

2001

2000

1998

1997

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