After being stalled for months, an appeals case is finally moving ahead in regard to a decision by the Hope Town Council to deny two petitions to disannex properties.
In the original petitions against the town of Hope, John and Barbara Harker, as well as co-plaintiffs David and Kelly Ellis, stated they wanted their land and home removed from Hope’s property taxes. Filed with Bartholomew Circuit Court on April 5, the appeal also seeks a refund of previously paid stormwater fees to the greatest extent permitted by law. After Michael Hawkins obtained control of the Ellis property, he joined the Harkers as a co-petitioner.
To date, court hearings on the appeal have largely focused on obtaining certified transcripts of town council meetings where the petitions for disannexation were discussed, as well as financial responsibilities in court. But shortly before the parties met an Oct. 15 deadline to file and exchange preliminary witness and exhibit lists, Judge Kelly Benjamin set the court dates.
The matter is now tentatively set for a two-day bench trial to begin at 9 a.m on April 29, with a final pretrial conference scheduled for 3:30 p.m. on March 24th.
Online documents indicate an out-of-court settlement is being pursued. Benjamin said the parties must agree to a mediator no later than Nov. 15, and subsequent negotiations should conclude no later than Feb. 15.
Last winter, the Harkers and the Ellises requested disannexation because they were being forced to pay special stormwater management fees, assessment fees and property taxes to the town without receiving a benefit in return, they claimed. Neither of the properties have platted streets, improved streets, sidewalks, municipal water, municipal sewer or other infrastructure supplied by the town, the plaintiffs say.
Harker told the council in February he has been paying $20,737 in stormwater assessment fees annually for his 33.78 acres of pasture land. But instead of receiving benefits, Harker said his property has been damaged by considerable discharges of water from adjacent parcels.
Although the council advertised that a second public hearing on the issue would be held March 6, no public testimony was heard on that date and no discussion was allowed among council members. Instead, council president Ohmer Miller immediately called for a vote and the requests for disannexation were unanimously denied by the five-member council.
When Harker asked for a reason for denial, Miller’s response was: “I don’t feel like I want to open up that can of worms right now.”
Council member Shannon Pittman told the audience the decision was based on evidence presented and what is best for the town.
During the February public hearing, Indianapolis attorney Andrew M. Sumerford told the council that the owners of other agricultural parcels within the town limits have had their stormwater assessment reduced to the minimum of $36. Sumerford asked the office of Bartholomew County Auditor Pia O’Conner to prepare a list of disannexed properties from township, municipal and state records.
Columbus attorney Alex Whitted, who is representing the town of Hope in this matter, said the petition submitted to the court contains a combination of misrepresentations of fact, as well as a change in a long-established understanding. He claims it would be unfair to the town if the court rules in the favor of Hawkins and Harker.
Whitted also argues that Hawkins lacks standing to be a plaintiff in the petition because he obtained the Ellis property at 15241 E. Jackson Road on March 27 – three weeks after the council made its final decision.
