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.
Ten days ago, on Aug. 5, a hearing was held about Bloomington’s motion to dismiss a lawsuit that could affect the membership the city’s plan commission.
On Friday (Aug. 14), special judge Erik Allen issued an order that lets the lawsuit go ahead.
Allen denied Bloomington’s motion to dismiss the case in a 125-word order that included a lifting of a previously imposed stay on the discovery process. That means both sides can now proceed with document requests and deposition of witnesses.
On one side are Monroe County GOP chair William Ellis and his pick for city plan commissioner, Republican Andrew Guenther. On the other side is Bloomington’s mayor, John Hamilton, with his pick, Republican Chris Cockerham.