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CARMEL v. ANNEXATION TERRITORY LANDOWNERS

No. 29S00-0608-CV-300.

868 N.E.2d 793 (2007)

CITY OF CARMEL, Indiana, Appellant (Respondent below), v. CERTAIN SOUTHWEST CLAY TOWNSHIP ANNEXATION TERRITORY LANDOWNERS, Appellees (Petitioners below).

Supreme Court of Indiana.

June 27, 2007.

Attorney(s) appearing for the Case

Douglas C. Haney, Carmel, IN, George T. Patton, Jr., Bryan H. Babb, Nicholas K. Kile, Indianapolis, IN, Attorneys for Appellant.

Robert S. Schein, Andrew B. Buroker, Matthew R. Strzynski, Indianapolis, IN, Attorneys for Appellees.

R. Thomas Bodkin, Evansville, IN, Attorney for Amici Curiae Indiana Association of Cities & Towns and Indiana Municipal Lawyers Association.

Karl L. Mulvaney, Nana Quay-Smith, Kent D. Zepick, Indianapolis, IN, Douglas D. Church, Noblesville, IN, Christina J. Atkinson, Zionsville, IN, Frank E. Gilkison, Muncie, IN, David Allen Happe, Anderson, IN, Attorneys for Amici Curiae Town of Pendleton, Town of Whitestown, City of Muncie, City of Anderson, and Town of Fishers.

Paul Helmke, Fort Wayne, IN, Attorney for Amici Curiae Professor Emeritus Roger B. Parks and Professor Robert S. Kravchuk.

Lee B. McTurnan, Shannon D. Landreth, Indianapolis, IN, Attorneys for Amici Curiae Summerlakes Property Owners Association, Inc., Weston Place Homeowners' Association, Inc., Laurelwood Homeowners' Association, Inc., Crooked Stick West Homeowners' Association, Inc., Cedar Point Homeowners' Association, Inc., and Geist United Opposition, Inc.

On Petition to Transfer Pursuant to Indiana Appellate Rule 56(A).

SHEPARD, Chief Justice.

The City of Carmel annexed territory in the southwest corner of Hamilton County representing roughly 3,400 parcels, and remonstrators contested the annexation. The organization leading the remonstrance negotiated favorable terms with the city and decided to settle. In a referendum among landowners, a majority voted in favor of settling. We conclude they were entitled...

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