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ROGERS v. MUNICIPAL CITY OF ELKHART

No. 20S03-9605-CV-317.

688 N.E.2d 1238 (1997)

Lanny ROGERS and Carolyn Rogers, et al., Appellants (Plaintiffs Below), v. The MUNICIPAL CITY OF ELKHART, Indiana, Appellee (Defendant Below).

Supreme Court of Indiana.

November 26, 1997.

Attorney(s) appearing for the Case

John C. Hamilton, Don G. Blackmond, South Bend, for Appellants.

Paul D. Eash, Elkhart, for Appellee.

SHEPARD, Chief Justice.

The Court of Appeals held in this case that only land which has been subjected to the regulatory process for platting and recording can be considered "subdivided" territory eligible for annexation by a contiguous municipality. We conclude that this holding exceeds the standard set by law.

Case History

The City of Elkhart enacted an ordinance to annex 439 acres of Cleveland Township, Elkhart County, under the authority granted...

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