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CITY OF KOKOMO EX REL. GOODNIGHT v. POGUE

No. 34A02-1003-MI-356.

940 N.E.2d 833 (2010)

The CITY OF KOKOMO, Indiana, acting by and through Greg GOODNIGHT, in his capacity as Mayor of the City of Kokomo, and the Kokomo Common Council, Appellants-Respondents. v. In the Matter of Ordinance # 6541, the West Side Annexation Ordinance, an Ordinance Seeking to Annex Certain Property to the City of Kokomo, Indiana. Florence POGUE, Dennis Pogue, Joni Novak, Charles Loftis, Carolyn Loftis, and also, 68% of the Affected Landowners too numerous to be listed in the caption, Appellees-Remonstrators.

Court of Appeals of Indiana.

December 16, 2010.

Attorney(s) appearing for the Case

D. Lucetta Pope , Carl A. Greci , Baker & Daniels, LLP, South Bend, IN, Derek J. Sublette , Kokomo, IN, Tina M. Richards , Baker & Daniels, Indianapolis, IN, Attorneys for Appellant, the City of Kokomo.

Corbin Kent King , King & Scott, LLP, Kokomo, IN, Attorney for Appellant, Kokomo Common Council.

Timothy E. Ochs , Ice Miller, LLP, Indianapolis, IN, Attorney for Amicus Curiae, Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.

Alan D. Wilson , Kokomo, IN, Attorney for Appellees.

OPINION

BARNES, Judge.

Case Summary

The City of Kokomo and the Kokomo Common Council (collectively "Kokomo") appeal the trial court's denial of its motion to dismiss a remonstrance petition filed by a group of landowners whose land Kokomo wishes to annex (collectively "the Remonstrators"). We reverse.

Issue

The sole restated issue is whether the trial court properly rejected Kokomo's assertion that a substantial number of landowners...

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