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Bargersville wins annexation dispute with Greenwood

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The Town of Bargersville won a legal dispute Monday validating its annexation of 739 parcels within three miles of Greenwood's city limits and making it the exclusive sewer-service provider in the area.

Montgomery County Court Judge Thomas K. Milligan ruled in favor of Bargersville, ending a battle between the local governments. For years, Bargersville and Greenwood competed to provide sewer service to new suburban developments along State Road 135, south of Greenwood and north of Bargersville. Then, in November 2007, Bargersville began trying to annex more than 3,000 acres in the area.

Greenwood opposed the small town's annexation of property so close to its city limits and filed suit after the annexationwhich was eventually whittled down to 1,847 acres, or 739 parcelswas completed in October 2008.

Until a change in state law in 2005, Greenwood's objection would have been enough to halt Bargersville's expansion, but the law now allows a town to proceed with annexation within three miles of a city, as long as it has consent from 51 percent of landowners.

Bargersville's method of obtaining consent became the basis of Greenwood's lawsuit. The town did not go out and ask homeowners to sign agreements drawn up solely for the annexation. Instead, it included a waiver for future annexation in its sewer-service agreements, many of which were signed by a developer. In many cases, the documented consent would be found in a homeowner's chain of title.

Milligan ruled that Bargersville's method was valid. In addition, the judge said the town was clearly first to try to annex the territory, invalidating Greenwood's own annexation attempt, started in November 2008. Finally, Milligan ruled that Bargersville has the exclusive right to provide sewer service in the disputed territory.

Bargersville's Town Council issued a statement saying, "This ruling means that it is time for our community to begin the healing process. There is no question the lawsuit has been divisive. It is time for the healing to begin."

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  1. As a St. Vincent employee of over 20 years, I am saddened and disheartened by this announcement. Unfortunately, as the healthcare "industry" continues on this political and corporate path, all that St. Vincent Hospital has stood for spiritually for its employees and this community is being sucked dry. I know it truly has no choice. It is not just Obamacare or just competition or just any single thing. This trend started long before I was even born when the government became involved in healthcare and it became an "industry." I grieve for those who will lose their jobs, one of whom may be me, but I also grieve for this hospital which I have served for over 20 years. May God give us and it the grace to withstand the future of healthcare.

  2. Why do people constantly harp on this issue and act ignorant about what a city population measures? A city's population is the city's population. There is no argument or debate about it. If you want to measure the density of a city--measure it. If you want to measure the size of a metropolitan area, then measure the metropolitan population. City boundaries cover different sized areas--and they always have (though the disparity has probably increased since about 1900 or so when more cities began annexing their surrounding communities). For example, San Francisco only covers 49 square miles while Houston cover nearly 600 square miles. No one argues about the population rankings of either city even though they clearly cover extremely different sized areas. Indianapolis is the 13 largest city by population in the U.S. That is a fact. While the population of a metropolitan area may give you a better sense of how large a community is, as noted, even metro areas can vary widely in the size of geographic area they cover--so that is not a perfect comparison either.

  3. If Whole Foods went in, I doubt the Nora one would stay open, and with all those customers coming to Broad Ripple traffic would be horrible, and forget about a run to the grocery on weekend nights. I think concern over the number of apartments is misplaced, but the 400 space parking garage has me concerned - someone needs to ask the developer just how much traffic they think this development is going to generate. I am not against more neighborhood residents, but heavy commercial traffic going in and out at that location sounds like a mess.

  4. I thought everyone was innocent until guilt was proven. Seems people have already convicted Reggie in the press. My nephew was a good kid and is a good man, more to this story im sure

  5. Going by the Marion County population only is of little use. 13th largest? No Way! To judge the real size of a metro area, the easy way is to look at the Arbitron rating list. Indianapolis hovers around 40th largest in the nation--sometimes more, sometimes less. Advertisers want to know exactly how large the population is before they buy radio advertising. Arbitron figured it out long ago. Indianapolis is estimated at 1,427,500. The real #13 is Seattle-Tacoma with a metro population of 3,470,400. So, the population of just Marion County is completely irrelevant to anything useful as far as metro area planning.

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