Hearing canceled —- Judicial Hearing for Annexation Court Case Scheduled for Friday, October 21st

August 4, 2021: Members of the Bloomington City Council vote to take a recess and then meet online on Zoom for a hearing as part of the annexation meetings, Wednesday, August 4, 2021, in Bloomington, Ind. The meeting was moved online after the Covid-19 mask mandate was renewed to low vaccination rates and the spread of the Delta variant of the coronavirus. (File photo by Jeremy Hogan/The Bloomingtonian)

The following press release was sent to the Bloomingtonian Tuesday, but the hearing has now been canceled. A new court date has not been set.


“PRESS RELEASE
FOR IMMEDIATE RELEASE
October 18, 2022
Judicial Hearing for Annexation Court Case Scheduled for Friday, October 21st
Bloomington, IN—An in-person judicial hearing is scheduled to take place on Friday, October 21st at 9
a.m. at the Justice Building located at 301 N. College Ave. Members of the public are welcome to
attend. At that time, Special Judge Nathan G. Nikirk of Lawrence Circuit Court may decide whether
annexation opponents in Areas 1A and 1B will be granted an extension on their remonstrance efforts.
If the court sides with the plaintiffs, Monroe County residents living in annexation areas 1A and 1B
would have an additional 90 days to collect remonstration signatures. Working on behalf of County
Residents Against Annexation (CRAA), attorneys from Bunger and Robertson requested the additional
time under Indiana state law (IC 34-7-6-1.)
The law outlines specific circumstances under which extensions of time may be granted for official
proceedings. These include, “if an emergency exists or arises by reason of war, insurrection, pestilence, or act of God which prevents the performance of an act that is essential to conserve substantial rights.”
The plaintiffs point to the COVID-19 pandemic, which raged during the remonstration period, as a
clear example of pestilence.
What’s more, according to Indiana Code 34-7-6-3, “the time during which such emergency existed
shall be excluded and shall not be considered.” Taken together, remonstrators argue, the laws require
that “deadlines be tolled in times of pestilence such as COVID-19.”
Additional Court Filings
Late last week, CRAA court filings were amended to include information revealed during a 45-day
discovery period originally requested by the City of Bloomington. The City then moved to strike these
amended court filings. It also responded to the plaintiffs’ request to extend the remonstration period.
(You can read these court documents and the plaintiffs’ subsequent replies online via
https://public.courts.in.gov/mycase/. Search case number 53C06-2203-PL-000509 for details.)
Because court dates are subject to change, the public is encouraged to visit the CRAA Facebook page
for updates.
* * * *
County Residents Against Annexation (CRAA) is a non-partisan, community-based, 501c3 public
charity. To learn more or to make a tax-deductible donation, visit www.craa.in.

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