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”

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

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”

Bloomington mayor-elect Kerry Thomson names most top staff picks, cascade of caucuses could result

In a Friday morning news release on the first day of December, Bloomington mayor-elect Kerry Thomson announced most, but not all, of the department heads who will be a part of her administration starting on Jan. 1, 2024.

Replacing Larry Allen as deputy mayor will be Gretchen Knapp, who is head of operations and marketing for The Mill.

Returning will be some familiar faces: Mike Diekhoff (chief of police); Jason Moore (fire chief); Adam Wason (director of public works); Andrew Cibor (city engineer); Tim Street (now interim director of parks and recreation); and Rick Dietz (director of IT).

Returning on an interim basis will be Beverly Calender-Anderson who is head of CFRD (community and family resources department).

Coming on board only as interim to serve as head of city of Bloomington utilities will be John Langley. According to Thomson’s news release, Langley, retired as the CBU’s deputy director in 2019, is a former deputy mayor, personnel director, and housing code enforcement officer.

That means Vic Kelson will not be returning as CBU director.

Also not returning are HAND (housing and neighborhood development) director John Zody and planning and transportation director Scott Robinson. But Friday’s news release does not name interim or permanent replacements for those two departments. Continue reading “Bloomington mayor-elect Kerry Thomson names most top staff picks, cascade of caucuses could result”