This November will mark the four-year anniversary of the infamous “swiss cheese” plan by the Town of Fishers to forcibly annex residents around Geist Reservoir. While the Geist United Opposition has kept Fishers at bay for nearly 48 months, if they can buy just 3 more months of time they get a bonus 2 year tax increase abatement.
Huh?
According to the State of Indiana’s annexation law, a forced annexation can not take affect in a year preceding a federal census. With a census coming up in 2010, this means that Fishers’ annexation ordinances can not take affect in 2009. The statute reads:
IC 36-4-3-7
(b) An ordinance described in subsection (d) or adopted under section 3, 4, 5, or 5.1 of this chapter may not take effect during the year preceding a year in which a federal decennial census is conducted. An ordinance that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 2 of the year in which a federal decennial census is conducted.
In other words, if the GUO can buy three more months of time, they get 24 months of tax increase abatements for free. With the new 1% tax cap proposed by Governor Daniels set to take affect in 2010, postponing the annexation into next year makes this whole issue mute.
As I wrote in April of this year (“Time for Fishers and Geist to Reach a Compromise“), both sides should have been able to reach an agreement and end this fight months ago. Neither has nothing more than pride to fight for at this point. Even a court-ordered mediation couldn’t resolve this fight.
With Fishers firmly dug into their $1.2 million trench, the GUO is looking for a new law firm to represent them in two weeks when this all goes to court. I’ve heard that several suitors have stepped forward to help them in their fight and they should be making an announcement by this Friday.
