Nikirk had ordered that the standard annexation trials for Area 1A and Area 1B would be delayed, until Bloomington’s related but separate litigation—over constitutional questions related to annexation waivers—is resolved.
In addition to the appeals process, the city of Bloomington has now started another procedure that could lead to faster scheduling of a standard annexation trial for the two areas. The idea is to take a step towards quick resolution of the related constitutional litigation—but just for Area 1A and Area 1B.
On Wednesday, Bloomington’s legal tactic was to file a motion to dismiss its own lawsuits for Area 1A and Area 1B, over the constitutional question of waivers.
The annexation of eight separate areas, each with its own parallel annexation process, would add more than 9,000 acres to Bloomington’s land area and about 14,000 new residents to its population.
With a public hearing on the horizon, and Bloomington city council votes expected in September, legal questions about remonstration waivers could come into sharper focus sooner than the time when the formal remonstration process would start.
Waivers are legal documents signed by a property owner giving up the right to remonstrate against annexation, in consideration of the ability to purchase utilities service from the city.