1 1 STATE OF INDIANA ) ) SS: 2 COUNTY OF MONROE ) 3 IN THE CIRCUIT COURT OF MONROE COUNTY 4 CAUSE NO. 53C06-2203-PL-000509 5 6 COUNTY RESIDENTS AGAINST ) ANNEXATION, INC., an Indiana not) 7 for profit corporation, et al. ) ) 8 ) ) 9 Remonstrators/Appellants/Petitio) ners, ) 10 ) -vs- ) 11 ) THE COMMON COUNCIL of the City ) 12 of Bloomington, Monroe County, ) Indiana, et al. ) 13 ) Respondents. ) 14 15 DEPOSITION OF BARBARA LEININGER 16 17 The deposition upon oral examination of 18 BARBARA LEININGER, a witness produced and sworn before me, Colleen Brady, Notary Public in and for 19 the County of Monroe, State of Indiana, taken on behalf of the Respondents, at the offices of 20 Bloomington City Hall, 401 North Morton Street, Room 225, Bloomington, Monroe County, Indiana, on 21 the 27th day of February 2024, at 11:47 a.m., pursuant to the Indiana Rules of Trial Procedure 22 with written notice as to time and place thereof. 23 24 25 2 1 APPEARANCES 2 FOR THE PETITIONERS: 3 William J. Beggs BUNGER & ROBERTSON 4 211 South College Avenue Bloomington, IN 47404 5 812.332.9295 wjbeggs@lawbr.com 6 7 FOR THE RESPONDENTS: 8 Andrew M. McNeil 9 BOSE MCKINNEY & EVANS LLP 111 Monument Circle 10 Suite 2700 Indianapolis, IN 46204 11 317.684.5000 amcneil@boselaw.com 12 13 14 15 ALSO PRESENT: 16 Margaret Clements 17 18 19 20 21 22 23 24 25 3 1 INDEX OF EXAMINATION 2 Page 3 DIRECT EXAMINATION . . . . . . . . . . . . . . . . . 5 Questions by Andrew M. McNeil 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 INDEX OF EXHIBITS 2 Page Deposition Exhibit No.: 3 Exhibit 36 - Monroe County property . . . . . . . .22 4 information document, Bloomington_198926-933 5 Exhibit 37 - Monroe County Low TaxInfo . . . . . .25 6 document, Bloomington_198923-925 7 Exhibit 38 - Answers of Barbara Leininger to . . .33 8 City of Bloomington First Set of Requests for Admissions 9 Exhibit 39 - Handwritten notes . . . . . . . . . .43 10 11 12 INDEX OF EXHIBITS 13 Page Previously Marked Exhibits: 14 Exhibit 27 - Answers of County Residents . . . . .34 15 Against Annexation Inc., to City of Bloomington's First Set 16 of Request for Admissions 17 Exhibit 28 - Amended and Supplemented . . . . . . .35 Answers of County Residents 18 Against Annexation Inc. to City of Bloomington's 19 Interrogatories 20 21 22 23 24 25 5 1 (Time noted: 11:47 a.m.) 2 BARBARA LEININGER, 3 having been duly sworn to tell the truth, the whole 4 truth, and nothing but the truth relating to said 5 matter, was examined and testified as follows: 6 7 DIRECT EXAMINATION, 8 QUESTIONS BY ANDREW M. MCNEIL: 9 Q Could you state your name for the record please? 10 A Barbara Leininger. 11 Q May I call you Barbara? 12 A Yes. 13 Q We've met before. You gave a deposition 14 previously when we were talking about, sort of, 15 the signature collection process. This is more 16 about the annexation itself. 17 So I'm going to ask you a series of 18 questions. Your job is to answer them 19 completely and truthfully. Do you understand 20 that? 21 A I do. 22 Q If you don't understand my question, will you 23 let me know? 24 A Yes. 25 Q If you need me to rephrase a question, will you 6 1 let me know that too? 2 A Sure. 3 Q This is probably 45 minutes, ish. I know you 4 have a work thing. We'll try to get you out as 5 quickly as we can. 6 A I have to start teaching at 1 o'clock. That 7 means I need to be able to open the studio and 8 be prepared for the lesson. 9 Q So what time do you need to leave here? 10 A Before that. By 12:30 maybe. 11 Q Okay. We'll get you. We will do it. Okay? 12 A Okay. 13 Q What is your address? 14 A 3707 South Judd Avenue. It's Bloomington. 15 Q How long have you the lived there? 16 A About -- since '98. 17 Q And is that in Annexation Area 1B? 18 A I think so, yes. 19 Q Does anyone else live with you? 20 A My son. 21 Q How long has your son lived there? 22 A He's been there for five years. 23 Q Do you have other property in either Annexation 24 Area 1A or 1B that you own? 25 A No. 7 1 Q Do you have any plans to move or sell your 2 house? 3 A Not at the moment. 4 Q Is that something you've thought about doing in 5 the next six months? 6 A No. 7 Q Where do you work? 8 A I own a business in Bloomington. In the city. 9 Q Within the city limits itself? You have to say 10 yes. 11 A Yes. 12 Q What is the name of that business? 13 A Arthur Murray Dance Studio. 14 Q What's the address of the business? 15 A 1711 North College Avenue. 16 Q How long have you owned that business? 17 A 30 years. 18 Q "30" or 3? 19 A 30. 20 Q That's what I thought you said? 21 A 30 this month. 22 Q Excellent. Congratulations. 23 A Celebrating my 30th year. 24 Q Congratulations. 25 A Thank you. 8 1 Q Is that in a corporate name or is it just a 2 sole -- 3 A It's a corporate name. 4 Q What's the corporate name? 5 A Bloomington Dance Inc. 6 Q So when you drive from your house in Area 1B to 7 the dance studio, what's your route of travel? 8 Walk me through your route of travel. 9 What streets do you take? 10 A I take I-69 and get off at the 45, 46 bypass. 11 Q And then what? 12 A Then I go to Kinser Pike, turn right. And then 13 I go to whatever that road is that runs along 14 side of my business. It does have a name. I 15 don't know what it is. 16 Q It's just the road that runs along side you 17 business? 18 A Yeah. 19 Q Whether do you park? 20 A In front of my studio. 21 Q Do you have a dedicated parking lot? 22 A No. I have signs that do say "Arthur Murray 23 only parking." 24 Q Who the landlord? 25 A Jim Regester. 9 1 Q How do you spell that? 2 A J-i-m R-e-g-e-s-t-e-r. 3 Q Thank you. What's the regular schedule for the 4 studio? Is it Monday through Friday? Is it 5 weekends? 6 A Monday through Friday, 1 to 10 p.m.; and 7 Saturday, noon to 4. 8 Q Does anyone work there with you? 9 A Yes. 10 Q Do you attend any civic events in the City of 11 Bloomington, plays or concerts or anything? 12 A Not recently, no. 13 Q Do you attend any events at Indiana University? 14 A No. 15 Q When you're working at the studio, do you ever 16 bring food in from a restaurant or go get 17 something to eat from a nearby restaurant? 18 A Sometimes I'll go get something to eat. 19 Q Do you shop in Bloomington? 20 A Of course. 21 Q What do you shop for in the city? 22 A Clothing, home items, the usual, groceries. 23 Q Do you ever use the city parks? 24 A No. 25 Q Are you willing to pay a fee to use the city 10 1 streets? 2 A What kind of fee? 3 Q A user fee. 4 A A user fee? 5 Q Yeah. 6 A No. 7 Q Have you ever had an occasion to called the fire 8 department in your house -- from your house 9 where you live currently? 10 A Have I? Yes. 11 Q When? 12 A What precipitated it or -- 13 Q No. What, like, roughly month and year? 14 A Last year -- I don't remember exactly what 15 month -- I smelled gas and, I mean, it was very 16 strong in my house so I called the fire 17 department. 18 Q Do you remember which fire department responded? 19 A The county. 20 Q Is it part of the fire district, the Monroe 21 County Fire District? 22 A I think so. 23 Q Do you know why the county responded as opposed 24 to the city? 25 A Maybe because I called their number. 11 1 Q Did you call 911 or did you call their 2 nonemergency number? 3 A I don't remember, honestly. 4 Q If the Bloomington Fire Department is called 5 upon to put out a fire at your house but you're 6 in the township -- so the annexation hasn't 7 happened -- would you be willing to pay a fee -- 8 MR. BEGGS: Objection. 9 Q -- to the fire department for doing that? 10 MR. BEGGS: Sorry. Objection. Form. 11 Foundation. You may answer. 12 A Well, I'm not sure. Are you talking a similar 13 fee that you would pay for ambulance? 14 Q Exactly. 15 A Yes. 16 Q Are you connected to the city water and sewer 17 service? 18 A Yes. 19 Q Would you be agreeable to disconnecting from the 20 city water and sewer if the annexation does not 21 go forward? 22 A So disconnect from what they are doing now? 23 Q Yes. Yes. 24 A I don't know. 25 Q Never thought about it? 12 1 A I mean, it's been there since I've owned the 2 house; so I don't know what the other options 3 are. I'm not sure how to answer that question. 4 Q Do you believe it's in your best interest to 5 continue receiving city water and sewer utility 6 service? 7 A I think it's ridiculously expensive. Like, way 8 over priced. Part of it is probably the sewer, 9 but if I could get something less expensive, I 10 probably would. 11 Q Do you have any understanding of how the 12 annexation would affect your water and sewer 13 bill? 14 A I don't. 15 Q Do you understand that -- 16 A I would imagine it would stay the same. 17 Q Do you understand that on your current water and 18 sewer bill that you pay the out of -- the rate 19 for users outside of the city limits? 20 A Could you say that again? 21 Q Do you understand that, currently, on your sewer 22 bill, for example, you pay the sewer rate that 23 applies to out-of-city residents? 24 A Yes. 25 Q Do you know how much, if the annexation were to 13 1 occur, how much your sewer bill would be 2 adjusted if at all? 3 A No. 4 Q Your familiar with County Residents Against 5 Annexation? 6 A Yes. 7 Q Do you understand it's a 501(c)(3) organization? 8 A I do. 9 Q Do you have any role or involvement with that 10 organization? 11 A I'm not sure what that would be in terms of a 12 role. I have gotten signatures. Gone out and 13 gotten signatures on the petition. 14 Q Are you on a board of directors or -- 15 A I'm not. 16 Q -- board of advisors? 17 A No. 18 Q Ever held a title, like, secretary, treasurer? 19 A No. 20 Q Anything like that? 21 A No. 22 Q You attend meetings? 23 A No. 24 Q Have you ever donated to CRAA? 25 A I have. 14 1 Q How much? 2 A I think $100. 3 Q Do you know when you did that? 4 A Last year. 5 Q 2023? Yes? 6 A Yes. 7 Q Do you understand that CRAA is not a member 8 organization? You can't become a member of the 9 organization? 10 A I wasn't aware of it, no. 11 Q You don't know one way or the other? 12 A No. 13 Q Have you, over the course of the time when the 14 annexation has been a topic in Bloomington, have 15 you engaged in email or text message 16 communication with other people about the 17 annexation? 18 A Yes. 19 Q In the last six months, have you done anything 20 to look for communications that you've had with 21 others about the annexation? 22 A To look for the text messages? Primarily just 23 this deposition. Just mainly just, you know, 24 what I have to do in terms of this kind of 25 thing. But I don't go looking for -- honestly, 15 1 I have 130 text messages is in my box right now. 2 So to find messages is difficult. 3 Q Did anybody ask you to look for text messages or 4 email communications discussing the annexation? 5 A No. 6 Q Did you sign a remonstrance petition back in 7 October '21 to January '22? 8 A Yes. 9 Q Did you sign it because you oppose the 10 annexation? 11 A Yes. 12 Q Do you still oppose the annexation today? 13 A I do. 14 Q Why? 15 A Well, I live in the county because I wanted to 16 be outside of the -- so sorry -- outside of the 17 city limits just because I feel like I have a 18 little more freedom with my property. I didn't 19 want to pay higher taxes. 20 So, you know, I just prefer being outside 21 of the city limits. 22 Q When you say you wanted a little more freedom 23 with your property, what do you mean by that? 24 A Well, I like to build a fire. I like to have a 25 little fire in my backyard. If I wanted to have 16 1 chickens, I think, in the city they may have a 2 new ordinance that you can't have chickens. But 3 I just feel like I don't want to have to deal 4 with having sidewalks put through my yard and 5 then having to be responsible for those 6 sidewalks. That's a lot of work. I don't like 7 the garbage pickup situation at all. And 8 basically just not having to pay higher taxes. 9 Q Let's break that down a little bit. Do you -- 10 building a fire in your backyard, do you have a 11 fire pit in your backyard? 12 A I have a fire -- 13 Q Like a ring? 14 A Yes. It's a Solo Stove. 15 Q Are you aware of something specific within the 16 City of Bloomington that would prevent you from 17 doing that? 18 A Yes. 19 Q What is it in particular? 20 A I just don't think they allow any kind of 21 burning fires in the city. I know people that 22 burn leaves and things; that's not allowed. 23 Q Do you burn leaves when you have a fire? 24 A I burn limbs. Not so much leaves but I burn 25 limbs. 17 1 Q And these are limbs that you collect from -- 2 that have fallen into your yard? 3 A Right. 4 Q So when you say the city doesn't allow any kind 5 of fire, have you read the city's burn 6 ordinance? 7 A I haven't read it but I'm aware of it. I will 8 go back and read it. 9 Q You said if you wanted to have chickens, you're 10 not sure, there might be some new rules about 11 that within the city. Have you ever had 12 chickens on your property? 13 A I have not but I have looked into it. And my 14 biggest concern is having a coop so that they're 15 safe. So I've looked into what it would take to 16 buy a chicken coop or put together a chicken 17 coop because I know they can get killed pretty 18 easily. 19 Q When did you most recently look into a chicken 20 coop? 21 A Probably last year sometime. I just went online 22 and looked at option for that. 23 Q Do you have any current plan to purchase a 24 chicken coop? 25 A Not right now. My business is consuming my time 18 1 right now. But I love chickens. 2 Q You said you don't want sidewalks. Are there 3 currently no sidewalk on your property? 4 A No. 5 Q Are you in a subdivision or a neighborhood? 6 A I'm in a subdivision. 7 Q Does it have a name? 8 A Garden Acres. 9 Q Are there sidewalks anywhere in Garden Acres? 10 A Across the street from me, there's sidewalks. 11 Partial sidewalks. 12 Q Do you know who installed those partial 13 sidewalks? 14 A I really don't, no. There is an HOA that -- I'm 15 trying to think of the neighborhood's name. But 16 if you go north of where I live, there's a 17 housing development that has an HOA. So I don't 18 think that the people on the other side of me 19 are part of it, but I believe there are some 20 sidewalks in that neighborhood. 21 Q You said you don't like the garbage pickup at 22 all. What's the issue with garbage pickup? 23 A From what I understand, you have to buy tags. 24 You have to go get certain tags and make sure 25 your garbage is done a certain way. I actually 19 1 take my trash to my dumpster at my studio. So I 2 don't need garbage pickup. 3 Q Does the dance studio business have a contract 4 with a waste hauler to come? 5 A My landlord has a contract. 6 Q If annexation were to occur tomorrow, for 7 example, would you still take your trash to the 8 dumpster at the dance studio? 9 A If I didn't have to buy and pay for the extra 10 trash pickup, buy the tags and everything, yes, 11 I probably would. 12 Q Right now, if you were not -- say you had to 13 have someone come pick your trash up and you 14 weren't taking it -- you didn't have a dance 15 studio dumpster to take it to, would you have to 16 contract with someone on your own for that 17 service, or does your neighborhood? 18 A I have contracted before. And actually, the 19 company I was contracting with, I think they 20 went out of business. But I don't mind 21 contracting. So I would look at the options. 22 Q You don't mind contracting with a private 23 company? 24 A With a private company. 25 Q How is that different than the City of 20 1 Bloomington's trash pickup program? 2 A I don't really know the details of their trash 3 pickup. I just know that you're required to 4 have certain tags and certain bags. And so what 5 I do is just more convenient, and the company I 6 had before was great for me and it was very 7 inexpensive. Unfortunately, then went out of 8 business. So I just started taking it to my 9 business. 10 Q The other thing I wrote down about your 11 opposition was concern with property tax. 12 A Uh-huh. 13 Q What is your understanding of the impact the 14 annexation would have on your property tax bill? 15 A From what I understand and what I've read, it 16 looks like they would probably go up, maybe, 17 about $800. 18 Q And what is that? What have you looked at or 19 read that suggested that amount to you? 20 A It was a -- sorry. The words are -- 21 Q If I say Baker Tilly, does that -- 22 A Yes, but what is -- what is the -- what did they 23 do? It was a study, I guess. A study on the 24 differences in the cost that would be involved. 25 Q Were you aware of, sort of, an online tax 21 1 calculator where you could go plug in your 2 address? 3 A Probably aware of it. I haven't done it. 4 Q So the $800-figure, you believe you got that 5 from looking at something that -- and I don't 6 want to put -- I said Baker Tilly; you didn't 7 necessarily but -- 8 A Right. 9 Q -- the $800 is something -- 10 A I think I read it, you know, I think maybe in 11 the Herald-Times. I think I just read different 12 places that showed that. 13 Q What you're thinking of now, is that specific to 14 your property? Or was that more of a general 15 impact? 16 A Well, it was probably a general impact, I would 17 say. 18 Q Have you ever done anything specific to 19 determine what your property taxes would be if 20 the annexation went forward? 21 A Specific in what way? 22 Q Like finding the exact or, roughly, exact impact 23 for your property at the Judd Avenue address? 24 A So you're saying, like, going onto the city's 25 website? 22 1 Q Yeah. The city or any other tax calculator 2 program to figure out the exact impact on you? 3 A No. 4 Q So your sense of the increase taxes is from the 5 general things you've read? 6 A General things that I've read, yes. If you give 7 me the website to look at to figure that out, I 8 will look right away. 9 (Exhibit 36 marked.) 10 Q Well, I can't give you that website, but I can 11 give you some other documents here. This first 12 one will be Exhibit 36. 13 Barbara you have Exhibit 36 in front of 14 you; correct? 15 A Yes. 16 Q And at the top of the page, where it says Monroe 17 County, Indiana, address: 3707 South Judd 18 Avenue and some pictures, is that your 19 residence? 20 A Yes. 21 Q If you look on the fourth page in the bottom 22 right-hand corner, it's the one that end 929. 23 A Okay. 24 Q Do you see there, the table that says "Valuation 25 Record"? 23 1 A Yes. 2 Q For the 2022 assessment, 2022-04-08, do you see 3 that? That line? The total valuation on the 4 far right side is $242,200. 5 Do you see that? 6 A I do. 7 Q Are you familiar with the property tax caps in 8 Indiana? 9 A No. 10 Q Are you aware of the law or the constitutional 11 provision that limits the property tax for 12 residential property at 1 percent of the 13 assessed value? 14 A No. 15 Q If you look at on Exhibit 36, the assessment 16 for -- assessment date of 2018. 17 A And where is Exhibit 36? 18 Q It's the one you have in your hand there. So 19 just looking at that same table, the valuation 20 record table for 2018. Do you see that row? 21 A Yes. 22 Q And the assessed total valuation as of 2018 is 23 $164,400. 24 A Right. 25 Q Do you see that? 24 1 A Yes. 2 Q So using the 2022 valuation compared to the 2018 3 valuation, do you see where the valuation has 4 gone up about $82,000? 5 A Yes. 6 Q Do you know how these assessments are done, or 7 who does them? 8 A No. 9 Q Do you have a mortgage on your property? 10 A Yes. 11 Q Your property taxes, do they get paid out of 12 escrow fund by the mortgage company? 13 A Yes, yes. 14 Q Do you get a statement every year that 15 reconciles your escrow payment, if the property 16 taxes go up or down, your escrow payment can 17 change? 18 A Yes. 19 Q Has your escrow payment gone up in the last 20 three, four, five years based on the property 21 taxes? 22 A Sadly, I wish I could tell you for sure. I will 23 have to -- I'm sure it probably has, but I 24 probably don't look at it that carefully. 25 MR. MCNEIL: That's fine. I'm going to 25 1 give you Exhibit 37. You're going to keep that 2 36 with you. 3 (Exhibit 37 marked.) 4 MR. BEGGS: You said 37? 5 Q Yes. Barbara, do you have Exhibit 37 in front 6 of you? 7 A Yes. 8 Q And, again, there's a picture on the first page. 9 Is that your house and your address there on 10 Judd Avenue? 11 A Yes. 12 Q If you look on the first page, by the way, you 13 see on the right -- well, first, in the property 14 information on the left side, it says there is 15 no mortgage company. 16 Do you see that? Where it says "None"? 17 A Where does it say that -- oh, mortgage company. 18 Okay. 19 Q It's your testimony you do have a mortgage; 20 correct? 21 A So, yes, I do have a mortgage. So in 2014, I 22 opened a second studio in Greenwood. It was 23 open about three years and it didn't succeed. 24 So my landlord came after me for a 25 tremendous amount of money, and I ended up 26 1 filing bankruptcy. And so my property fell 2 under that. But I continue to pay and Chase is 3 my mortgage company. And I continue to pay my 4 mortgage. I owe about 69,000 on my mortgage. 5 Q Okay. And then continuing in that property 6 information on the right, top of the right 7 column, where it says "Homestead Credit Filed?" 8 The answer is "Yes." 9 Do you see that? 10 A Yes. 11 Q And over "65 Circuit Breaker?" It says "No." 12 Do you see that? 13 A Yes. 14 Q Do you understand how the homestead exemption 15 affects your property tax bill? 16 A Yes. 17 Q What your understanding? 18 A It decrease it. 19 Q If you go to the second page of Exhibit 37. 20 It's 924 in the bottom right-hand corner. 21 A Yes. 22 Q Do you see the property tax -- the tax history 23 table at the bottom of that page? 24 A Yes. 25 Q There's a 2023 row where it's $959.30 for the 27 1 spring and the same amount for the fall. 2 Do you see that? 3 A I do. 4 Q And $1,918.16 for the total tax. 5 A Yes. 6 Q Is that your understanding of what your taxes 7 were for last calendar year, property taxes? 8 A I believe so, right. 9 Q And 2018 -- I'm sorry -- 2019, do you see where 10 it was $573.55 for the spring and fall? 11 A Yes. 12 Q And 11,000 -- sorry, that would be a shock. 13 $1,147 for the total tax? 14 A Yes. 15 Q Looking back at Exhibit 37, which is the 16 assessed value document, on page 929. So if you 17 look at the other exhibit there, Exhibit 37. 18 The one below that one. 19 A This one? 20 MR. BEGGS: 36? 21 MR. MCNEIL: Am I saying it wrong? I'm 22 sorry. My mistake. Thank you, Bill. 23 Q If you look at Exhibit 36, which is -- yes. 24 Thank you. Looking, again, at page 929. Those 25 assessed values. You understand that your 28 1 assessed value has increased from 2018 to 2023; 2 right? 3 A Yes. 4 Q And your property taxes have increase from 2018 5 to 2023? 6 A Right. 7 Q And you paid your property taxes every year? 8 A Right. 9 Q Have you done any calculation to determine the 10 percent increase to your property taxes based on 11 the assessed value alone? 12 A Have I done calculations? 13 Q Yes. 14 A No. 15 Q It's roughly, for it to go from $1,900 -- I'm 16 sorry. From $1,228 in 2019 to $1,919 in 2022 is 17 about a 56 percent tax increase. Were you aware 18 of that? 19 MR. BEGGS: I'm sorry, a what? 20 MR. MCNEIL: Tax increase. 21 A Well, I didn't know the percentage. I knew it 22 had gone up quite a bit, but I didn't know what 23 the percentage was. 24 Q Have you ever looked at the City of 25 Bloomington's fiscal plan -- 29 1 A No. 2 Q -- that they adopted as part of the annexation? 3 A No. 4 Q Do you have any information about how the fiscal 5 plan was put together? 6 A No. 7 Q Do you have any information about whether or not 8 the fiscal plan complies with Indiana law? 9 A No. 10 Q Do you have any reason to believe that the City 11 of Bloomington would not provide things like 12 sidewalks and streetlights within the first 12 13 months after the annexation if it goes forward? 14 MR. BEGGS: Object to form. Foundation. 15 You may answer. 16 A I don't want sidewalks and streetlights. 17 Q I understand. But do you have any reason to 18 believe that the city itself would not provide 19 sidewalks and streetlights in the annexation 20 area within -- or police services within the 21 first year after the annexation? 22 MR. BEGGS: Same objection. 23 A I don't think they would. I don't think they 24 could. 25 Q Why? 30 1 A Were you driving around last Friday when the 2 snow hit. 3 Q Not in Bloomington but, yes. 4 A Where were the services then? I mean, it was a 5 nightmare. It was an absolute nightmare. 6 Q How did the county do? 7 A County was great. County was great on my side 8 streets. I got home fine. But I couldn't move 9 in the city. I got stuck. So just saying. You 10 know, that was a mess. 11 Q Any other information about services like 12 sidewalks, streetlights, police, snowplows -- 13 those kind of things -- within the first 12 14 months of the annexation? 15 A I just -- I hear other people say they have 16 trouble getting services inside the city. I 17 mean, police right now is a problem, I think, 18 everywhere, you know, timely; so ... 19 Q Do you have any direction experience with time 20 of response from either the Bloomington Police 21 Department with respect to your business in the 22 city limits versus a response from the sheriff 23 at your place? 24 A Yeah, yeah. Because I have called the police in 25 the city limits and it's taken forever. 31 1 Q What did you call them for? What was the 2 nature? 3 A Someone tried to break in my studio. 4 Q So attempted breaking and entering? 5 A Yes. 6 Q When was this? 7 A Probably about six months ago. 8 Q Sometime in second half of 2023? 9 A Probably. I don't remember exactly the date 10 but ... 11 Q Did someone respond at some point? 12 A Yes. 13 Q How long did it take from the time you called 14 till the time the police arrived? 15 A Probably about 20 to 30 minutes maybe. 16 Q Was someone attempting to break in at the time 17 you called? Or you saw evidence of a break in? 18 A I saw evidence of a break in. 19 Q Is that an open matter with the police 20 department? 21 A I don't think so. I mean, I don't have cameras 22 or anything outside so we couldn't determine who 23 did it or what had happened. But I couldn't get 24 into my business because the lock was damaged. 25 Q Did you ever have an occasion to call the 32 1 sheriff's department or police services, law 2 enforcement services in the county? 3 A I have. 4 Q For what reasons? 5 A It's a pretty personal reason, but I have. 6 Q How long ago? 7 A Probably a year ago. 8 Q I don't want to pry. I understand it seem very 9 personal and emotional. I just want to 10 understand the -- was there a response time? 11 Like, from the time you called, did a sheriff's 12 deputy show up? 13 A A lot of people showed up, yes. 14 Q Was this a situation where your personal safety 15 was at risk. 16 A Possibly, yes. 17 Q So it was a different situation than an 18 attempted breaking and entering to a piece of 19 property? 20 A Well, yes. 21 Q Without prying, I want to understand how they 22 relate to one another. 23 A Well -- 24 Q Not that they relate but how we could compare 25 them in response times. 33 1 A Right. I mean, I have a son that was held 2 hostage in Venezuela for five years. He was in 3 prison for five years. So when he got back, 4 he's been living with me for five years, and 5 he's pretty messed up. He has very bad PTSD. 6 He's got a lot of health issues. Started 7 drinking, and so I ended up filing a protective 8 order. 9 But he's getting help now and today -- 10 today, thank God, he's going to Centerstone and 11 hopefully getting help. But it's been very 12 difficult, and at time, yes, I felt in danger. 13 Q The police call related to that in some way? 14 A Yeah. 15 Q Thank you for sharing that. 16 A Yeah. I feel, like, you know, it's probably 17 better to understand the circumstance than not. 18 But, you know, my son was -- I worked with the 19 state department, Hostage U.S. It took me five 20 years to get him out, and he's been with me for 21 five years. So it's been a very difficult 22 situation. 23 (Exhibit 38 marked.) 24 Q Thank you for sharing that. I'm going to give 25 you another document. This will be 38. Exhibit 34 1 38 says on the first page "Answers of Barbara 2 Leininger" -- 3 A Yes. 4 Q "To City of Bloomington's First Set of Requests 5 for admissions." 6 Do you see that? 7 A Yes. 8 Q If you turn to page 3 and 4, you'll see there's 9 five separate requests on page 3 and 4. And the 10 answer to all them is "See the response of 11 County Residents Against Annexation served on or 12 about August 4." 13 Do you see that? 14 A Yes. 15 (Exhibit 27 previously marked.) 16 Q To your right, there's an Exhibit 27. It's 17 under your glasses. It's the one below that 18 one. If you take a look at that one please. 19 Do you see the title on Exhibit 27 is 20 "Answers of County Residents Against Annexation 21 to City of Bloomington's First Set of Requests 22 for Admissions"? 23 A Yes. 24 Q If you turn to page 3 and 4, you will see the 25 same five requests that were in Exhibit 38. 35 1 A Okay. 2 Q And on Number 2, for example, where it asks to 3 "Admit that Bloomington has developed and 4 adopted a written fiscal plan and established a 5 definite policy for the annexation territory by 6 resolution," that's "Deny." Then your -- County 7 Residents denied it. Your answer was see the 8 County Residents answer. 9 My question is: Do you have any 10 independent knowledge about whether or not 11 Bloomington has developed and adopted a fiscal 12 plan or established a definite policy for the 13 annexation territory? 14 A That the City of Bloomington has adopted? 15 Q Yes. 16 A I don't think so. 17 Q If you turn the page to page 4 Request Number 3. 18 Do you have any information to support 19 contention that the city's fiscal plan does not 20 comply with Indiana law? 21 A I don't. 22 (Exhibit 28 previously marked.) 23 Q If you would look at Exhibit 28, which is under 24 27 -- or it's on top. Right there. 25 A 28 or 38? 36 1 Q 28. There you go. The title on Exhibit 28 is 2 "Amended and Supplemented Answers of County 3 Residents Against Annexation to the City of 4 Bloomington's interrogatories." 5 Do you see that? 6 A Yes. 7 Q If you would turn to page 12, Question 13. It 8 says "Identify and list all facts and documents 9 supporting your contention in the petition that 10 the annexation is not in the best interest of 11 owners of land in the annexation territory." 12 Do you see that? 13 A Yes, I do. 14 Q If you turn the page to page 13, in the 15 supplemental answer says "See answer to Number 16 5 -- Supplemental Answer Number 5. In addition, 17 if called to testify, the following would be 18 asked to testify about the impact of annexation 19 upon them and upon their business." And then do 20 you see where you're the second to last name 21 listed there? 22 A Yes. 23 Q I think we've touched on this but I just want to 24 make sure. Is it your -- it's your belief, I 25 presume, that the annexation is not in your best 37 1 interest or the best interest of the landowners 2 in Area 1B. Is that a fair statement? 3 A That's fair. 4 Q Is there anything beyond what you've already 5 testified to that you're relying on or that 6 informs that belief? 7 A You know, I have been in this town for 30 years. 8 I have seen tremendous change not what I feel is 9 in the best interest of Bloomington or the 10 homeowners. 11 I think my -- I would hate to see the 12 county in the same situation as the city with 13 all of the land development and the apartments, 14 very expensive apartments. There's really no, 15 you know, place where people can live 16 inexpensively. So I feel like it would be very 17 detrimental to the county to see that kind of 18 growth. That's part of why I don't want to see 19 that happen in the county. I think Bloomington 20 has changed for the worse not the better. 21 Q What ways do you believe Bloomington has changed 22 for the worst not the better? 23 A All the development of apartments and no single 24 housing. No single family housing that's 25 affordable. And those apartments are 38 1 ridiculously expensive. 2 I don't feel like the City of Bloomington 3 is favorable to small business. I hate what 4 they have done to the streets. I run into a 5 curb all the time whenever I'm driving. I don't 6 know why they have done what they have done with 7 a lot of the curbs in the streets. 8 Q What have they done to the curbs and streets? 9 A They've brought the curbs out further into the 10 street. So it's harder to get around them. I 11 think a lot of it is to provide for bicycle 12 access, but I don't see that many people -- and 13 I certainly can't ride a bicycle to work. So I 14 think that the development is not really pro -- 15 what most small business owners or adults need. 16 Q And you had said that you thought the City of 17 Bloomington is not favorable to small businesses 18 like yours. What do you mean by that? 19 A I think that they -- you know, signage wise, 20 they restrict a lot of things business can do to 21 bring customers in the door. They don't want, I 22 think, certain businesses within the downtown 23 area. And the parking meters make it difficult, 24 I think, for small business owners. 25 So I just feel like they don't really 39 1 provide easy access or conditions to make it 2 easier for business owners to draw business into 3 their businesses. 4 Q I want to understand what you're saying and also 5 be respectful of your time. Is it the downtown 6 businesses you're talking about with parking 7 meters and signage? Or is that your impression 8 of small businesses across the -- 9 A Oh, well, downtown. But I have signs that I 10 would like to be able to put out on the street, 11 on College Avenue. But I am limited to be able 12 to do that because they have restrictions on 13 putting signs out like that. 14 Q Any other ways that you haven't talked about -- 15 chickens, fire, signs, downtown businesses, 16 taxes -- that you haven't talked about that you 17 would say are not in the best interest of 18 landowners for the annexation? 19 A I made some notes. Let me make sure I covered 20 everything. 21 Q These are notes you made yourself? 22 A Yes. These are notes I made myself. One thing 23 I did read is that once your property is 24 annexed, you cannot vote for two years. That 25 would be, to me, taxation without 40 1 representation. 2 Q Where did you read that? 3 A I looked it up, and I think I did read it in 4 Herald-Times. Excuse me. 5 Q Is your understanding it's two years from the 6 effective date? 7 A Two years from the date you're actually annexed. 8 So sorry. 9 Q That's all right. 10 A I think that was a law voted in so that you 11 couldn't vote out the people that voted for this 12 annexation. And to me that's ridiculous. 13 Q The purpose behind that, is that your impression 14 of it or is that something -- 15 A That's my impression. I mean, why would I not 16 be able to vote? What would be the reason I 17 couldn't vote right away? 18 Q Is there anything else on your list of notes 19 there? 20 A I think there is a tremendous loss of income to 21 the county. So where I'm happy with my services 22 from the county, in terms of my safety, I'm 23 concerned that that would be -- that I wouldn't 24 have that. 25 Q Why do you believe there would be a loss of 41 1 income to the county? 2 A Because all those taxes would go to the city. 3 Who would be paying the taxes in the county? 4 Q Do you understand that city residents pay county 5 tax as well? 6 A Yes. 7 Q Do you understand that the assessed value that 8 has caused your taxes to go up, causes property 9 all over the county to go up too? 10 A Yes. Yeah, I recognize that. But I do feel 11 like there's a lot of money that's going to 12 leave the county. 13 Q Have you looked at any studies to determine the 14 net impact of the annexation, if it were to 15 occur, on the county that's also controlling for 16 the growth in assessed value? 17 A I have. 18 Q What have you looked at? 19 A I don't know. I've looked at a couple of 20 different things that have shown that the county 21 is going to lose a lot of money. I've seen the 22 township -- sorry -- the representative talk 23 about how much money the county is going to 24 lose. 25 Q The township trustee? 42 1 A The trustee, yeah. 2 Q Do you know which one? 3 A I think it's Rita Barrow. 4 Q Anything else you looked at to determine or 5 quantify the loss of income to the county? 6 A I think there's been studies done that I've 7 read. I mean, I can't quantify where I've read 8 them or exactly. You know, I'd have to go back 9 and look. 10 Q Do you believe Baker Tilly report -- is that 11 something you looked at? 12 A Possibly but -- 13 Q Not sure? 14 A I'm not sure, yeah. 15 Q Anything else on your notes? 16 A I'm just -- inability of the city to actually 17 provide the services that they are saying they 18 are going to provide. I don't think they 19 currently provide great service as it is, and 20 I'm just not sure taking on all of these 21 residents is going to be -- that they are going 22 to be able fulfill that right away, at lease. 23 My concern is that I'm not going to be in a 24 safer situation. 25 Q What services, specifically, are you thinking of 43 1 in that answer? 2 A Well, police and fire and that kind of thing. 3 Q Is it okay if we put an exhibit sticker on those 4 and make your notes a part of the deposition 5 transcript? 6 A Okay. 7 MR. MCNEIL: So we'll make that Exhibit 39. 8 (Exhibit 39 marked.) 9 Q Anything else about your opposition or concern 10 with the annexation that we have not talked 11 about? 12 A Not that I can think of right now. I'm sorry 13 I'm not feeling better. I have been talking 14 every day for seven days basically. 15 Q That will wear you out. 16 A It's just killed my throat. 17 MR. MCNEIL: Well, I have no further 18 questions for you. Mr. Beggs may have some. 19 Then we can get you on your way. 20 MR. BEGGS: So 39 is part of the 21 deposition. And no, no questions. Thank you. 22 (Time noted: 12:34 p.m.) 23 24 25 44 1 AND FURTHER THE DEPONENT SAITH NOT. 2 3 4 ____________________ 5 Barbara Leininger 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 1 STATE OF INDIANA ) ) SS: 2 COUNTY OF MONROE ) 3 I, Colleen Brady, a Notary Public in and for 4 the County of Monroe, State of Indiana at large, do 5 hereby certify that Barbara Leininger, the deponent 6 herein, was by me first duly sworn to tell the 7 truth, the whole truth, and nothing but the truth 8 in the aforementioned matter; 9 That the foregoing deposition was taken on 10 behalf of the Respondents, at the offices of 11 Bloomington City Hall, 401 North Morton Street, 12 Room 225, Bloomington, Monroe County, Indiana, on 13 the 27th day of February 2024, commencing at the 14 hour of 11:47 a.m., pursuant to the Indiana Rules 15 of Trial Procedure; 16 That said deposition was taken down 17 stenographically and transcribed under my 18 direction, and that the typewritten transcript is a 19 true record of the testimony given by the said 20 deponent; and thereafter presented to said deponent 21 for her signature; 22 That the parties were represented by their 23 counsel as aforementioned. 24 I do further certify that I am a disinterested 25 person in this cause of action; that I am not a 46 1 relative or attorney of any party, or otherwise 2 interested in the event of this action, and am not 3 in the employ of the attorneys for any party. 4 IN WITNESS WHEREOF, I have hereunto set my 5 hand and affixed my notarial seal on this 15th 6 day of March 2024. 7 8 9 <%25563,Signature%> Colleen Brady 10 11 12 Seal, Notary Public My Commission Expires: State of Indiana March 8, 2029 13 Colleen Brady County of Residence: 14 Commission No. NP0732235 Monroe 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 1100 Superior Ave Suite 1820 Cleveland, Ohio 44114 Phone: 216-523-1313 March 15, 2024 To: Mr. Beggs Case Name: County Residents Against Annexation Et Al v. The Common Council Of The City Of Bloomington Et Al Veritext Reference Number: 6465804 Witness: Barbara Leininger Deposition Date: 2/27/2024 Dear Sir/Madam: The deposition transcript taken in the above-referenced matter, with the reading and signing having not been expressly waived, has been completed and is available for review and signature. Please call our office to make arrangements for a convenient location to accomplish this or if you prefer a certified transcript can be purchased. If the errata is not returned within thirty days of your receipt of this letter, the reading and signing will be deemed waived. Sincerely, Production Department NO NOTARY REQUIRED IN CA 1 DEPOSITION REVIEW CERTIFICATION OF WITNESS 2 ASSIGNMENT REFERENCE NO: 6465804 3 CASE NAME: County Residents Against Annexation Et Al v. The Common Council Of The City Of Bloomington Et Al DATE OF DEPOSITION: 2/27/2024 4 WITNESS' NAME: Barbara Leininger 5 In accordance with the Rules of Civil Procedure, I have read the entire transcript of 6 my testimony or it has been read to me. 7 I have made no changes to the testimony as transcribed by the court reporter. 8 _______________ ________________________ 9 Date Barbara Leininger 10 Sworn to and subscribed before me, a Notary Public in and for the State and County, 11 the referenced witness did personally appear and acknowledge that: 12 They have read the transcript; 13 They signed the foregoing Sworn Statement; and 14 Their execution of this Statement is of their free act and deed. 15 I have affixed my name and official seal 16 this ______ day of_____________________, 20____. 17 ___________________________________ 18 Notary Public 19 ___________________________________ Commission Expiration Date 20 21 22 23 24 25 1 DEPOSITION REVIEW CERTIFICATION OF WITNESS 2 ASSIGNMENT REFERENCE NO: 6465804 3 CASE NAME: County Residents Against Annexation Et Al v. The Common Council Of The City Of Bloomington Et Al DATE OF DEPOSITION: 2/27/2024 4 WITNESS' NAME: Barbara Leininger 5 In accordance with the Rules of Civil Procedure, I have read the entire transcript of 6 my testimony or it has been read to me. 7 I have listed my changes on the attached Errata Sheet, listing page and line numbers as 8 well as the reason(s) for the change(s). 9 I request that these changes be entered as part of the record of my testimony. 10 I have executed the Errata Sheet, as well 11 as this Certificate, and request and authorize that both be appended to the transcript of my 12 testimony and be incorporated therein. 13 _______________ ________________________ Date Barbara Leininger 14 Sworn to and subscribed before me, a 15 Notary Public in and for the State and County, the referenced witness did personally appear 16 and acknowledge that: 17 They have read the transcript; They have listed all of their corrections 18 in the appended Errata Sheet; They signed the foregoing Sworn 19 Statement; and Their execution of this Statement is of 20 their free act and deed. 21 I have affixed my name and official seal 22 this ______ day of_____________________, 20____. 23 ___________________________________ Notary Public 24 ___________________________________ 25 Commission Expiration Date 1 ERRATA SHEET VERITEXT LEGAL SOLUTIONS MIDWEST 2 ASSIGNMENT NO: 2/27/2024 3 PAGE/LINE(S) / CHANGE /REASON 4 ___________________________________________________ 5 ___________________________________________________ 6 ___________________________________________________ 7 ___________________________________________________ 8 ___________________________________________________ 9 ___________________________________________________ 10 ___________________________________________________ 11 ___________________________________________________ 12 ___________________________________________________ 13 ___________________________________________________ 14 ___________________________________________________ 15 ___________________________________________________ 16 ___________________________________________________ 17 ___________________________________________________ 18 ___________________________________________________ 19 _______________ ________________________ 20 Date Barbara Leininger 21 SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ 22 DAY OF ________________________, 20______ . 23 ___________________________________ Notary Public 24 ___________________________________ 25 Commission Expiration Date