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MUNICIPAL CITY OF SOUTH BEND v. KIMSEY

No. 71S03-0203-CV-183.

781 N.E.2d 683 (2003)

The MUNICIPAL CITY OF SOUTH BEND, Indiana, Appellant (Defendant Below), v. John KIMSEY and Denise Kimsey; Bradley Hall and Carole Hall; Terry Trethewey and Cheryl Trethewey; together with the remaining property owners who are signatories hereto and who are too numerous to be included in the caption of this remonstrance complaint, Appellees (Plaintiffs Below).

Supreme Court of Indiana.

January 15, 2003.

Attorney(s) appearing for the Case

Aladean M. DeRose, South Bend, IN, Attorney for Appellant.

Don G. Blackmond, Lynn M. Butcher, South Bend, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER

BOEHM, Justice.

Article IV, Section 23 of the Indiana Constitution prohibits special legislation where a general law can be made applicable. We hold that this provision is violated by a 1993 law applicable only to St. Joseph County and permitting a majority of landowners in an affected area of that county to block annexation by a municipality.

Factual and Procedural Background

Until 1993, if a municipality sought...

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