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COVERED BRIDGE v. TOWN OF SELLERSBURG

No. 10A01-1101-PL-13.

971 N.E.2d 1222 (2012)

COVERED BRIDGE HOMEOWNERS ASSOCIATION, INC., Clark County, Indiana Commission, et al., Appellants-Defendants, v. TOWN OF SELLERSBURG, Indiana, Appellee-Plaintiff. In the Matter of the Ordinance to Annex Approximately 1,852 Acres of Real Estate Into the Town of Sellersburg, Indiana: Covered Bridge Homeowners Association, Inc., et al., Appellants-Petitioners, v. Town Of Sellersburg, Indiana and The Town Board of Trustees of Sellersburg, Indiana, Appellees-Respondents.

Court of Appeals of Indiana.

July 18, 2012.

Attorney(s) appearing for the Case

Andrew Wright , Andrew Wright, PC, Salem, IN, Bryan H. Babb , Stephen C. Unger , Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellant, Covered Bridge Homeowners Association, Inc.

C. Gregory Fifer , Applegate Fifer Pulliam LLC, Jeffersonville, IN, Attorney for Appellant, Board of Clark County Commissioners.

William P. McCall, III , Mosley, Bertrand, Jacobs & McCall, Jeffersonville, IN, Attorney for Appellees.

OPINION

CRONE, Judge.

Case Summary

In June 2008, the Town of Sellersburg's council ("the Council") approved a written fiscal plan and introduced a proposed ordinance to annex over 1800 acres in Clark County, but the Council failed to use the county auditor's current tax list to send notice of a public hearing on the proposed annexation to the affected landowners as required by statute. As a result, an unknown number of landowners did not receive...

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