Weeklong Bloomington annexation trial: It’s a wrap, each side gets 45 days to submit final brief

Now over is the trial on the merits of Bloomington’s plan to annex two territories on the west and southwest sides of the city.

Around 3 p.m. on Friday, both sides rested their cases after five full days of witness testimony in the courtroom, located inside the justice center at College Avenue and 7th Street in downtown Bloomington.

This past week’s trial was just about the merits of annexing Area 1A and Area 1B into the city, and did not address a different, constitutional question for other territories, which relates to annexation waivers of remonstrance, which were signed by some land owners.

Over the course of the week, not every witness on either list—for the the city of Bloomington, or for the remonstrators—was called to the stand. Those who did testify included current and former elected officials, current and former city staff, the city’s paid consultants, as well as a dozen or more landowners in the areas to be annexed.

Nathan Nikirk, the special judge out of Lawrence County who is presiding over the case, gave the two sides 45 days to submit their proposed orders in the case, which will include their final arguments. No closing oral arguments were given on Friday.

Before leaving the courtroom on Friday, Nikirk thanked all of the attorneys for their professionalism. He noted that annexation is a “passionate issue.”

Nikirk said he does not know the “perfect answer” on the case but promised to do his “very best.” He would be giving the matter all the consideration that he could, Nikirk said. Even if some are not happy with his eventual decision, Nikirk said he hopes that they understand that he had given it a lot of time and effort. Continue reading “Weeklong Bloomington annexation trial: It’s a wrap, each side gets 45 days to submit final brief”

Column: Hawk’s nest on courthouse grounds squares up with Bloomington zoning, new online maps prove

A pair of red-tailed hawks started the spring season renovating last year’s nest above Bryan Hall  on Indiana University’s campus.

But some readers might have noticed that the birds seem to have shifted their focus to the grounds of the Monroe County courthouse in downtown Bloomington.

That means the raptors will no longer be in the running for any sustainability awards, for what could have been a spectacular reuse project. At least not this year.

The first question that most Bloomington residents will ask about any nest building activity will be: Is that kind of residential use even consistent with the zoning for this part of the city?

The city of Bloomington has now made that question a little bit easier to answer. Continue reading “Column: Hawk’s nest on courthouse grounds squares up with Bloomington zoning, new online maps prove”

Bloomington proceeding with annexation court cases, might negotiate timeline for adding territory

This past week’s big annexation news was the cancellation of Thursday’s hearing on a cross motion for summary judgment in a constitutional challenge that was filed by Bloomington two years ago.

This graphic contains a table with three columns. Column 1: Label of Annexation Area Column 2: Percentage of remonstrators With 2019 Act Applied Column 3: Percentage of remonstrators without 2019 Act applied 1A 60.94% 37.75% 1B 57.50% 30.91% 1C 71.43% 3.81% 2 71.98% 34.93% 3 66.67% 50.00% 4 70.79% 59.55% 5 66.67% 51.85%
This table, from a recent court filing by the city of Bloomington, sums up the impact of the disputed 2019 law.  The left column shows the outcome if the  2019 law is valid and is applied to remonstration signatures: Annexation is stopped outright in five areas (red) and is subject to judicial review in two areas (blue). The right column shows the outcome if the 2019 is unconstitutional: Annexation can proceed forward with no additional steps in five areas (green) and is subject to judicial review in two areas (blue).

But that hearing will be rescheduled. The hearing was canceled, only because the special judge in the case, Kelsey Hanlon out of Owen County, recused herself, due to a potential conflict involving her husband’s recent transfer of employment to Monroe County’s legal department.

At the start of the year, the nonprofit organization County Residents Against Annexation (CRAA) had expressed some hope that Bloomington would withdraw its lawsuit.

The constitutional question concerns a 2019 law, enacted by the state legislature, which voided many of the annexation waivers that Bloomington was relying on for a successful annexation effort. The waivers were supposed to ensure that landowners with such waivers attached to their property would not have their signatures counted for any remonstration against annexation.

CRAA president Margaret Clements is quoted in a Jan. 2 news release saying, “Just as the City of Bloomington unilaterally and involuntarily attempted to annex property in the county, only the City of Bloomington can unilaterally end the dispute.”

But it is now clear that new Bloomington mayor Kerry Thomson’s administration will be looking to proceed with the litigation of all of the pending annexation cases.

Responding to an emailed question from The B Square, Bloomington’s new corporation counsel Margie Rice wrote about the subject of Thursday’s hearing: “I can confirm that the City is not planning on withdrawing this particular lawsuit and intends to allow the annexation litigation to proceed as planned.” Continue reading “Bloomington proceeding with annexation court cases, might negotiate timeline for adding territory”