IN RE ANNEX. CERTAIN TERRITORY CITY MUNCIE

No. 18A02-0901-CV-89.

914 N.E.2d 796 (2009)

In re ANNEXATION OF CERTAIN TERRITORY TO The CITY OF MUNCIE, INDIANA, City of Muncie, Appellant-Respondent, v. Certain Halteman Village Section I and Brewington Woods Landowners, Appellees-Petitioners.

Court of Appeals of Indiana.

October 6, 2009.


Attorney(s) appearing for the Case

Frank E. Gilkison, Daniel J. Gibson, Beasley & Gilkison LLP, Muncie, IN, Attorneys for Appellant.

Nicholas K. Kile, Barnes & Thornburg LLP, Bryan H. Babb, Stephen C. Unger, Bose McKinney & Evans LLP, Jo Angela Woods, Indiana Municipal Lawyers Association Inc., Indianapolis, IN, Douglas C. Haney, City of Carmel Department of Law, Carmel, IN, Douglas D. Church, Church Church Hittle & Antrim, Fishers, IN, Attorneys for Amici Curiae City of Carmel, Town of Fishers, and Indiana Municipal Lawyers Association.

David W. Stone IV, Stone Law Office & Legal Research, Anderson, IN, Attorney for Appellees.


OPINION

BAKER, Chief Judge.

Appellant-respondent City of Muncie (Muncie) appeals the trial court's order granting the remonstrance petitions of appellee-petitioners (collectively, the Landowners) and declaring Muncie's Ordinance Numbers 11-07 and 12-07 (collectively, the Ordinances) to be invalid. Muncie argues that the trial court erred by finding that it failed to meet its statutory burden contained within Indiana...

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