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”

Judge says Bloomington annexation trial to be put off until related lawsuit is resolved

The special judge assigned to a Bloomington annexation case has ruled that a standard trial to which remonstrators are entitled will not go ahead in mid-November as originally scheduled.

That’s what remonstrators in Area 1A and Area 1B had requested—a delay on those proceedings, until some related litigation has been settled. The related litigation was initiated by the city of Bloomington, on constitutional grounds.

Remonstrators filed their lawsuit on March 16, 2022.

The related litigation was initiated by the city of Bloomington on March 29, 2022.

The related litigation will start to come into clearer focus in the next three months, because the current case management plan calls for a Dec. 10 hearing on the city’s motion for summary judgment.

Judge Nathan Nikirk’s Tuesday ruling in favor of the remonstrators came after hearing oral arguments for a little more than one hour last Friday morning (Sept. 1). Nikirk is the special judge out of Lawrence County who has been assigned to the case. Continue reading “Judge says Bloomington annexation trial to be put off until related lawsuit is resolved”

Judge says key ruling in Bloomington annexation case will come on Sept. 5

The shading on the map reflects a 1-dot-per-person plot based on the population of census blocks as measured in the 2020 decennial census.

After hearing oral arguments for a little more than one hour on Friday morning, judge Nathan Nikirk told attorneys for annexation remonstrators, and for the city of Bloomington, that he’d take their arguments under advisement.

Then he told them he would issue a ruling next Tuesday, the day after Labor Day.

That means on Sept. 5, Nikirk will answer this question: Should the standard annexation trial for Area 1A and Area 1B be put off—until a constitutional question about the status of annexation waivers is resolved?

[Updated Sept. 5 at 3:01 p.m. Nikirk granted the request by remonstrators for a stay on the trial. Here’s a link: Nikirk’s order on the motion.]

Remonstrators filed their lawsuit in March 2022.

Nikirk is the special judge appointed in the case. His home court is in Lawrence County, but the hearing on Friday morning was held at the Charlotte Zietlow Justice Center in downtown Bloomington.

The constitutional question is the subject of separate litigation initiated by the city of Bloomington. Continue reading “Judge says key ruling in Bloomington annexation case will come on Sept. 5”