April 2007

Case Update - Summary Judgment Motion Denied

A lot has happened in the past few weeks.

The bad news: Judge Joel Roberts denied our motion for summary judgment. The motion was a request that the annexation be halted based upon the City’s failure to notify all homeowners by certified mail.

The good news: The short session of the General Assembly concluded with the passage of a bill that reshapes the property tax laws. The biggest change is the reduction of the current 2% circuit breaker. This is the maximum amount that a homeowner pays for property taxes. It’s a simple calculation. The homeowners assessed value for property plus land is multiplied by .02. If your property tax levied is more than the circuit breaker amount you only pay the circuit breaker amount. Beginning in 2009 the circuit breaker is being reduced, effectively reducing property taxes. In 2009 homeowners will pay no more than 1.5% (.015) of their assessed values in property tax. In 2010 this amount reduces to 1% (.01). (For those who own rental property the circuit breaker reduces to 2% in 2010.)

Example: If your property plus land is in total assessed at $100,000 then currently you pay the property tax levied for your area but no more than .02 times $100,000 or $2,000. I am not aware of any homeowner that currently reaches the 2% circuit breaker level. By 2010 with the new circuit breaker in place you will pay the property tax levied for your area but no more than .01 times $100,000 or $1,000. I urge you to perform this calculation for your home.

These changes essentially make annexation a moot issue. We as remonstrators loose the major basis for arguing against annexation; increased property taxes will no longer be valid.

To continue the battle would require once again another $20,000 to $25,000 in legal fees with no gain monetarily. We currently have a balance of $2,000.

I met several times with Mayor McShurley to discuss settling without expending additional legal fees. The City of Muncie has agreed to delay the upcoming April 30 trail.

This delay will allow us time to deliver this communication to all homeowners.

Also as a point of clarification property owners who live west of Morrison Road will not have their school district changed due to being annexed.

It is my recommendation that we halt the remonstrance. As such I will continue to work towards that end.

With such a settlement the homeowners in the area annexed would be placed on the tax roles for the City of Muncie as of 2009, but not payable until 2010. This again is the year that the 1% circuit breaker is in affect.

On Thursday April 10 from 6:00pm to 7:30pm we will be available at the Unitarian Church located at the intersection of Morrison Road and Bradford Drive. Please feel free to drop by to ask questions if you need further clarification.

Related Documents:

Jim Lowe
2501 N Kensington Way
Muncie, IN
289-5382

[Updated 04/02/2008]

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February 2008

Case Update - No March Trial

The City asked the court to vacate the March trial dates as the Mayor is still making appointments for her department heads. That means that the trial will not take place in March. It is still set to take place at the end of April, early May. [Updated 02/12/2008]

Case Update - Donations Needed ASAP

The timeline for the trial was changed and will either be the first week of March or the first week of May, 2008. Judge Joel Roberts has been asked to rule on a request for summary judgment. The basis for the summary judgment is failure by the City of Muncie to notify all homeowners affected by certified mail. This could be a fatal flaw for the City of Muncie if the Judge rules in our favor. It is estimated that it may be between mid-January and mid-February before Judge Roberts rules. If Judge Roberts renders a judgment against us, then we might opt for an appeal. An appeal would further delay the trial date.

We are in the need of additional funds to pay attorney fees. Our funds have been depleted. We cannot authorize any additional legal time. We estimate the need for another $20,000 to $25,000. After our last update in October only a few homeowners responded to the need for funds.

I’ll stress again if we fail to collect enough funds to pay the legal fees our attempt to stop annexation stops and we lose.

Please send donations as soon as possible. If we fail to raise the necessary funds, the process ends. We will have no choice but to tell the attorneys to halt all attempts to fight the annexation attempt.

If you are able, please donate to the remonstrance fund as soon as possible (how to donate). If you have any questions, please do not hesitate to contact us. [Updated 02/03/2008]

December 2007

Case Update - New Timeframe for Trial

The timeframe for the trial has been changed and will either be the first week of March or the first week of May, 2008. Judge Roberts has been asked to rule on a request for summary judgment. The basis for the summary judgment is failure by the City of Muncie to notify all homeowners affected by certified mail. It is estimated that it may take until the end of January to pass judgment. If Judge Roberts renders a judgment against us, then we might opt for an appeal which will further delay the trial.

We are in need of additional donations to pay for current and future legal expenses. Please give what you can. Even if you have donated once your help is needed. Please remember, if we are not able to fund our defense, then the legal process will end and we lose. Thus all will have an increase in our property taxes of between 36 and 60 percent that will be paid every year. How to Donate

Thank you and happy holidays. [Updated 12/06/2007]

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May 2007

Case Update - Judge Selected

After we filed the remonstrance petition, the City of Muncie requested a change of judge and denied all of our allegations in the petition. They also questioned if we actually obtained enough signatures. We exceeded the required 65 percent of signatures by acquiring 79 percent of the land owners. Judge Joel Roberts of Jay County has accepted our case.

The City of Muncie is now seeking verification of the signatures that we filed with the court. They have indicated that the number of signatures is too numerous on their end to determine whether or not we have reached the goal of 65% of the property owners or 75% of assess value in the signatures that we have on the petition.

Judge Roberts has ordered the Delaware County Clerk to deliver the Petition to Remonstrate to the Delaware County Auditor and Delaware County Assessor to verify the number of property owners and assessed value.

All in all, the City's request for verification is doing what we are ultimately wanting at this time, which is to have the case delayed. This case will not proceed further until the Delaware County Auditor and/or Assessor has verified the signatures as to the same.

If you are able, please donate to the remonstrance fund to assist with legal cost. How to Donate [Updated 05/08/2007]

February 2007

Petition for Remonstrance Filed

The Petition for Remonstrance was filed on February 12, 2007, in Delaware Circuit Court (Judge Barnett's Court). We do not expect the case to stay in the county because the City has asked for a change of judge in the past annexation matters.

The next step is to wait to see if the City agrees that we have met the 65% of the property owners or 75% of the assessed value of the property being represented in the signed petitions that we have filed. If the City does not agree, the Court will require the County Treasurer to verify the signatures. View Petition for Remonstrance [Updated 02/23/2007]

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New Annexation Legislation

Thanks to some very pro-active legislators, there are currently 3 bill proposals in the Indiana Senate and 1 bill proposal in the Indiana House asking for change regarding annexation. The 3 bill proposals in the Senate have already been assigned to committees, and the one in the House still needs to be assigned.

Senator Beverly Gard has authored the three proposals in the Senate. SB 0112 requires a municipality that initiates an annexation to pay all court costs and reasonable attorney's fees if the annexation is remonstrated against and the court enters judgment against annexation. SB 0161 reduces the number of landowner signatures required for a remonstrance against an annexation: (1) from at least 66% to at least 51% of the owners of land in the annexed territory; or (2) from the owners of more than 75% to the owners of at least 51% of assessed valuation of the land in the annexed territory. Removes a provision that requires 75% of the owners of land in annexed territory to sign a remonstrance if the territory consists of not more than 100 parcels and 80% of the boundary of the territory proposed to be annexed is contiguous to the municipality. SB 0112 and SB 0161 have both been assigned to the Local Government and Elections Committee chaired by Senator Connie Lawson. If you are interested in seeing these bills move forward, please contact Senator Lawson at 1-800-382-9467 or by e-mail at this site http://www.in.gov/cgi-bin/legislative/contact/contact.pl?data=Senate|Lawson,Connie|s24|sr.

The third bill is SB 0430. This bill adjusts the formulas for distribution of revenue from the county adjusted gross income tax, the county option income tax, and the county economic development income tax to reduce the share of a municipality that annexes territory. This bill proposal has bees assigned to Tax and Fiscal Policy Committee chaired by Senator Luke Kenley. Please consider contacting Senator Kenley at 1-800-382-9467 or by e-mail at http://www.in.gov/cgi-bin/legislative/contact/contact.pl?data=Senate|Kenley,Luke|s20|sr.

Representative David Orentlicher has authored a bill in the House. HB 1292 provides that when a municipality initiates an annexation, the municipality must file a petition with the court containing the signatures of at least 51% of the landowners in the territory proposed to be annexed. This bill has not been assigned to a committee yet. The Speaker of the House, Patrick Bauer, is the person who has the authority to assign the bill. If you are interested in seeing this legislation move forward, please share your views with the Speaker at 1-800-382-9842 or by e-mail at this site http://www.in.gov/legislative/house_democrats/repsites/r6/contact.html.

We’re very grateful that our elected representatives have chosen to get the ball rolling by putting forth these proposals, but as they say, “the squeaky wheel gets the oil.” Please consider sharing your views with the legislators!!

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December 2006

Petition Status Page Launched - 12/22/2006

We have added a page so residents can track the progress of the remonstrance petition. Petition Status [Updated 12/22/2006]


November 2006

Petition Open House - 11/27/2006

We will be holding an open house on Monday, November 27th at the Unitarian Church which is located at the intersection of Bradford and Morrison Roads. The Church will be open between the hours of 6:00pm and 8:00pm. At that time you can stop by and sign the petition. We will have copies available.

The Muncie City Council voted yes to annexing our homes into the City of Muncie at the Monday, November 6, 2006 meeting.

This means that we as homeowners have 90 days to obtain the required number of signatures on a petition to stop the annexation from proceeding. A court date will be scheduled and the burden shifts back to the City of Muncie.

We must obtain signatures of 65% of the homeowners affected to stop the annexation from proceeding. Several weeks ago you should have received the signature page of the petition. You need to sign and return the petition page to Jim Lowe at 2501 N. Kensington Way, Muncie, IN 47304.

Please print your name, sign the document, and write in your address. We need all three on the document. Send the original to Jim Lowe (required). The actual homeowner must sign the document. If you are renting the home then the document needs to be signed by the landlord. [Updated 11/20/2006]

Annexation Ordinance Vote - PASSED - 11/07/2006

The Muncie City Council passed the ordinance to annex our area (view vote roll call). Now we need to get the remonstrance process going forward. How to Help [Updated 11/08/2006]

The Star Press Article - 11/07/2006

City council approves Robinwood annexation. Read Article [Updated 11/08/2006]

Annexation Vote - 11/06/2006

The Muncie City Council will hold a vote for or against the annexation on Monday, November 6, 2006 at 7:00pm monthly meeting. This meeting will be at the City Hall Auditorium. [Updated 10/17/2006]

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September 2006

The Star Press Article - 09/12/2006

Residents to Muncie Council: There's nothing you can do for us. Read Article [Updated 09/14/2006]

Annexation Public Hearing - 09/11/2006

The Muncie City Council will be holding a public meeting in order to consider an ordinance for the "Western Annexation." It will be held on September 11, 2006 at 6:30 PM in the Common Council Chambers at the Muncie City Hall, 300 North High Street. This will be an opportunity for us to address the council and let them know our opposition to the passage of this ordinance. Let's turn out in large numbers to demonstrate our resolve. [Updated 09/04/2006]

The Star Press Article - 09/09/2006

PunchLine: SayNoToMuncie.com made the PunchLine. View [Updated 09/10/2006]

SayNoToMuncie.com Launches - 09/04/2006

The SayNoToMuncie.com website is offically launched. The purpose of this site is to provide information about the "Western Annexation" and help with organizing the resistance. This is a community site and your participation and feedback are welcome. [Updated 09/04/2006]

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August 2006

The Star Press Article - 08/24/2006

Yorktown, Muncie follow different paths to expansion. Read Article [Updated 09/04/2006]

The Star Press Article - 08/06/2006

Editorial: Government's simple task – trim spending (Muncie discussed). Read Article [Updated 09/04/2006]