The city of Bloomington has been hit by two legal roadblocks on their quest for annexation over the past two months, including a court decision it is appealing.
The city is appealing special Judge Nathan G. Nikirk’s June ruling on a 2019 state law that will stifle the city’s annexation attempts. Nikirk ruled against the city, saying that they cannot sue the state of Indiana.
According to Indiana Public Media, the judge made a final ruling July 10 allowing the city to appeal. The city of Bloomington’s appeal was officially filed to the court July 26.
The 2019 state law, House Bill 1427, voided remonstration waivers older than 15 years. Remonstration waivers are contracts between cities and unincorporated property owners. In a remonstration waiver, the property owners agree to not challenge future annexations.
The annexation quest began in 2017, but the Indiana legislature passed an addition to the state budget, section 11.8, that prohibited Bloomington’s efforts. The city sued the state of Indiana and won the case, with a judge calling the law unconstitutional because it targeted the city.
The law was considered unconstitutional because it violates article 4, section 23 of the Indiana Constitution. The article states in essence that the law prohibits a special piece of legislation when a “general law could be applicable.”
According to the Herald-Times, then-Bloomington Mayor John Hamilton continued the city’s annexation attempt in 2021, which included four unincorporated territories along the city’s edges and three zones to the west that are surrounded by city property.
In five of the planned annexation zones, residents filed enough remonstration petitions to halt annexation, which became possible because of the 2019 bill.
The planned expansion territories would add about 8,200 acres of land, and Hamilton said it would “right-size” the city. According to Bloomington’s website, annexation helps the city “keep up” with increases in population and development.
The city hasn’t expanded its boundaries since 2004.
If Bloomington’s appeal fails, they will fail to annex four areas. Those areas include:
- Area 1C, small zone on city’s far southwest side
- Area 2, east side zone extending past current boundary
- Area 3 west side zone surrounded by city
- Area 4, west side zone surrounded by city
In a separate ruling, Nikirk ruled in favor of the residents against annexation in 1A, which would have extended the city border westward, and 1B, which would have extended the city border to the southwest.
He decided the ruling on Aug. 7, saying the proposed annexation was not in the “best interests of owners of land” in areas 1A and 1B. He cited shortages in public services that would be exacerbated by the proposed annexation.
According to a press release from County Residents Against Annexation, county commissioners were unanimously opposed to the annexation proposal of zones 1A and 1B. Residents of the areas cited concerns about police protection, sanitation services and more during public comment periods.
“We are happy that the residents in 1A and 1B, who did not feel that it was in their best interests to be involuntarily annexed into the City of Bloomington, have been heard,” Margaret Clements, president of CRAA, said in the release.
Now that two of the seven planned annexation zones have been lost, the city turns its attention to the appeal process of the 2019 state law. Four of the five remaining annexation zones will be dictated by the appeal result.
Bloomington Mayor Kerry Thomson issued a statement in a press release Thursday regarding the city’s decision to appeal Nikirk’s decision.
“While we are disappointed, we believe strongly in the merits of our case and remain hopeful about the outcome, though we understand it may take approximately a year to receive a decision on the appeal,” Thompson said in the release.
In the press release, she said the city will not make any changes to the sewer policy.
The current sewer policy, enacted in August 2022, places an emphasis on preventing the expansion of sewer lines outside of the boundaries of Bloomington unless a voluntary annexation waiver is signed by homeowners and is legally enforceable.
According to B Square Bulletin, the city of Bloomington utilities board upheld the policy in a meeting July 29. The board denied a requested sewer connection for a piece of property west of town, at the intersection of Airport Road and State Road 45.
UPDATE: This story was updated with a statement from Bloomington Mayor Kerry Thomson and information about a Bloomington utilities board meeting.
