Bloomington mayor on intent to appeal annexation ruling: ‘We believe strongly in the merits of our case.’

In a statement released Thursday evening, Bloomington mayor Kerry Thomson has announced that the city of Bloomington will appeal the recent ruling of circuit court judge Nathan Nikirk, that the city’s annexation of Area 1A and Area 1B will not take place.

Thursday’s announced  decision to appeal Nikirk’s decision on Area 1A and Area 1B came after a Wednesday night executive session held with Bloomington’s city council, which is a named plaintiff in the litigation.

Thomson’s statement says about Nikirk’s ruling: “While we are disappointed, we believe strongly in the merits of our case and remain hopeful about the outcome, though we understand it may take approximately a year to receive a decision on the appeal.” Continue reading “Bloomington mayor on intent to appeal annexation ruling: ‘We believe strongly in the merits of our case.’”

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

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’”

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”