`

Judge halts Brownsburg annexation, rules town did not prove need

November 21, 2016

A Marion County Court has stopped an annexation by the town of Brownsburg, finding that while key parts of Indiana’s annexation statute are vague, the municipality did not show that the land it wants to annex had an urban character, nor that it was needed for future development.

Special Judge Heather Welch of Marion Superior Court Civil Division issued the order last week following a bench trial that was held in September. She ruled the annexation cannot proceed because Brownsburg did not meet requirements of Indiana Code 36-4-3-13(b) and (c).

The statute provisions require the land targeted for annexation to be at least 60 percent subdivided and be set for development in the “reasonably near future.” However, in a footnote, Welch pointed out the law does not define “subdivision” or “reasonably near future.” Clearly defining these terms, she wrote, would not only make the statute more precise but also promote uniformity in judicial decisions and assist counsel in knowing the exact criteria.

Brownsburg adopted an ordinance in July 2013 to annex 4,400 acres north of the community. Residents in the targeted area formed Fight Against Brownsburg Annexation and remonstrated. The town maintained the land was needed for the extension of the Ronald Reagan Parkway as well as for other road improvements. However, the remonstrators testified that they believe the purpose of the annexation is to increase tax revenue.

After taking a closer look at the statute’s subdivision requirement, the court noted Brownsburg presented six different methods for calculating the subdivisions but that the town was exempting some portions of the agricultural areas.

Relying on precedent from past annexation battles, Welch held the legislative intent of the annexation statute was for the total actual acreage of the area to be considered. Accordingly, she found only 17.54 percent of the annexation territory was subdivided.   

Also, Welch concluded a substantial portion of the annexation area is not needed and the small sections that may be used will likely not be developed for at least another five to 15 years. Specifically, no timeline has been established for future construction on the Ronald Reagan Parkway, and current plans do not include Brownsburg. In addition, the school corporation has no plans for future development, and proposals for residential development have been rejected by the Town of Brownsburg Zoning Board because of problems with soil drainage.

With the annexation stopped, the remonstrators are collecting donations to pay for legal fees and waiting to see if the town appeals.

Brownsburg officials said they would review their legal options with their attorneys and the Town Council.

ADVERTISEMENT

Recent Articles by Marilyn Odendahl / The Indiana Lawyer

Comments powered by Disqus