Area 2 residents submit signatures at the county courthouse to petition annexation in December of 2021.
(Joe Hren, WFIU/WTIU News)
Bloomington’s annexation quest has hit another roadblock. The Indiana Appeals Court ruled Tuesday against the city in five of the seven annexation areas.
Those are the southeast and island areas 1C, 2, 3, 4, and 5 that voided annexation with 65 percent of residents signing a petition.
The city challenged some of the petitions over waivers signed by property owners. The waivers prohibited them from challenging annexation in exchange for city services, such as water and sewer.
In 2019, the state passed a law that invalidates waivers more than 15 years old. The city argued the law is unconstitutional because it retroactively voids legal contracts.
Adopted Bloomington Annexation Areas (City of Bloomington)
Special Monroe Circuit Court Judge Nathan G. Nikirk ruled against the city in June of last year stating the constitution is meant to protect contracts between private parties, not contracts with local governments, and that the city waited too long to act on the waivers.
The Indiana Appeals Court agreed, writing, “We hold that claim preclusion does not apply under the facts of this case. We further hold that Bloomington, as a municipality, lacks enforceable rights under the Federal and Indiana Contract Clauses to challenge the 2019 Act as impairing its contracts with the landowners.”
The city said in a statement that its legal team is reviewing the ruling and evaluating potential next steps.
“No determinations have been made at this time,” said city communications director Desiree DeMolina.
Former Bloomington Mayor John Hamilton said he started the process because it had been 12 years since the city expanded its boundaries. The city council adopted seven areas for annexation in September 2021.
County Residents Against Annexation President Margaret Clements said her group is pleased by the court ruling. She said “the involuntary and unilateral annexation has been grueling, divisive, expensive, and destructive to the sense of community.”
She added, “We encourage the city to listen to the courts and accept this decision. In addition, we encourage the city to drop its ill-advised claims against 1A and 1B. It is time to allow the rifts to begin to heal.”
