Tag: Meghan Blair

Second lower court order against Bloomington: ‘[T]he annexation of Areas 1A and 1B shall not take place’

Map of annexation areas. https://www.google.com/maps/d/viewer?mid=1_7o1q_H6CpeK-1gdEzDTxnPk84RZQ_E&usp=sharing
Lawrence county circuit court photo of special judge for Bloomington annexation lawsuit Nathan Nikirk

In the trial on the merits for two big annexation areas west and southwest of Bloomington, a circuit court judge has ruled in favor of remonstrators—that is, against the city of Bloomington.

It was mid-afternoon on Wednesday, when judge Nathan Nikirk, out of Lawrence County, issued his order  that says Area 1A and Area 1B can’t be annexed into the city of Bloomington.

In the 47-page order, the line near the end that counted was: “Accordingly, the annexation of Areas 1A and 1B shall not take place.”

Nikirk found that for both areas, the city of Bloomington had failed to demonstrate adequate population density, degree of urbanization, or the city’s need for the land.

In addition, Nikirk found that there would be a significant financial impact on residents in annexed areas, and that annexation would not be in their best interest. Continue reading “Second lower court order against Bloomington: ‘[T]he annexation of Areas 1A and 1B shall not take place’” →

Friday: Final day of Bloomington annexation trial

Eric Reedy’s binder with the annexation fiscal plan. (May 1, 2024)
Map of annexation areas. https://www.google.com/maps/d/viewer?mid=1_7o1q_H6CpeK-1gdEzDTxnPk84RZQ_E&usp=sharing

The trial on the merits of Bloomington’s plan to annex two territories on the west and southwest sides of the city has completed its fourth day. Friday is the final day left on the trial calendar.

It now looks like the trial will be over by the end of the day on Friday.

The proceeding is a judicial review, which was forced by remonstrators, when they achieved the threshold of at least 51 percent of landowner signatures in Area 1A and Area 1B, but fell short of the 65 percent that would have stopped Bloomington’s annexation outright.

By the end of the day on Tuesday, when the pace of testimony from the city’s witnesses appeared to be slower than expected, judge Nathan Nikirk raised the specter of a Saturday session. Continue reading “Friday: Final day of Bloomington annexation trial” →

Bloomington annexation trial a slog in first 2 days, judge warns he could require Saturday session

Map of annexation areas. https://www.google.com/maps/d/viewer?mid=1_7o1q_H6CpeK-1gdEzDTxnPk84RZQ_E&usp=sharing

The trial on the merits of Bloomington’s plan to annex two areas on the west and southwest sides of the city has now completed two days worth of testimony.

Every day this week is scheduled for the trial. The pace so far looks like it’s slower than expected. It  could be a challenge to complete the trial by the end of the week.

About the prospect that not all the witnesses on both sides might get their turn by the end of the day on Friday, judge Nathan Nikirk on Tuesday afternoon made clear that he is not keen to “bifurcate” the proceedings. He told the legal teams for both sides to be ready to come into court on Saturday to finish things off, if that’s what it takes.

On Monday, opening arguments were given on both sides, with Andrew McNeil of the Bose McKinney & Evans law firm making the presentation for the city of Bloomington, and William Beggs of Bunger & Robertson representing the remonstrators.

The proceeding is a judicial review, which was forced by remonstrators, when they achieved the threshold of at least 51 percent of landowner signatures in Area 1A and Area 1B, but fell short of the 65 percent that would have stopped Bloomington’s annexation outright. Continue reading “Bloomington annexation trial a slog in first 2 days, judge warns he could require Saturday session” →