Court Rules in Favor of Fishers
Judge Nation handed down his verdict today in the long-awaited Fishers vs. Geist annexation case. Fishers was given the green light to annex over 2,000 properties around Geist Reservoir.
“I’m not surprised, but I’m obviously disappointed,” said Geist United Opposition president Pete Peterson.
Residents have 30 days to file an appeal.
Here is a post by the Geist United Opposition on SayNOtoFishers.com.
On December 31, 2008 Superior Court Judge Nation ruled in favor of the Town of Fishers and ordered that the annexation of the Geist area take place.
Obviously, no one in the annexation territories is happy about this ruling.
Basically, the judge ruled that we did not prove our case under section IC 36-4-3-13(e) of the annexation law other than we do receive adequate police protection from the Sheriff’s Department and Hamilton County maintains our roads. Evidently, in the judge’s view, we did not prove the other elements of 13(e)—we won’t publicly comment on the particulars at this point due to our pending appeal.
What’s Next? Obviously, we want to appeal the ruling. But, what we do specifically is up to each of you. By appealing, at a minimum, we move the case into next year; as you recall, Fishers cannot annex us in 2009 as it is the year before the decennial census. This would delay annexation—if we lose the appeal—into 2010. If we win, then they can’t try again for four years after the appeal ruling.
To download the ruling, click here.