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State Can Appeal Decision Not To Dismiss Annexation Suit

City council met Wednesay to consider the annexation.

A Brown County judge says the state can appeal his decision not to dismiss a lawsuit challenging a state law that blocked Bloomington’s annexation efforts.

In an order issued Monday, special Judge Frank Nardi granted a motion for interlocutory order for immediate appeal of his October decision, which denied dismissal of the suit.

The state filed its initial motion to dismiss the lawsuit in July, saying Gov. Eric Holcomb isn’t the proper defendant. But Nardi said in his denial of the dismissal the governor is the appropriate defendant when constitutionality of a state statute is being challenged.

At issue is whether a last-minute addition to the state’s budget bill that stopped Bloomington from moving forward with its annexation plans is unconstitutional. The lawsuit claims the language singles out only Bloomington, which the state constitution prohibits.

Bloomington’s assistant city attorney says the city won’t comment on pending litigation.

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