Landowners seek to de-annex from Hope

HOPE – Two couples who control almost 35 acres on the northeast side of Hope have filed a petition for disannexation from the northeast Bartholomew County community.

Dr. John and Barbara Harker, and David and Kelly Ellis, say they are forced to pay special stormwater management fees, assessment fees and property taxes to the town. However, their property has no platted streets, improved streets, sidewalks, municipal water, municipal sewer or any other infrastructure supplied by the town.

A public hearing on the Harker/Ellis petition is planned during a special town council meeting scheduled for 5:30 p.m. on Feb. 13 in the Hope Town Hall.

Online property records show the Harkers purchased 33.78 acres, located south, east and northeast of the junction of Jackson Street and East Jackson Road. The land was bought for $100,000 from Green Creek Realty, LLC on Nov. 16, 2011, the records state. In their petition, the Harkers describe the land as “unimproved, agricultural and pasture real estate.”

The Ellis family reside at and own 1.18 acres at 15241 E. Jackson Road that is nearly completely surrounded by the Harker land. The Ellis family purchased their historic home, built in 1883, on Feb. 8, 2012 from Dupont State Bank for $85,000. The couple has made substantial improvements annually, raising the total valuation of the house and land to $293,200 last April.

The properties were annexed into the town of Hope in connection with the creation of the Hope Industrial Park, the petition states. In 2022, a well on the Ellis property developed an issue, and the couple approached the town about extending municipal water to their residence.

However, the town declined the request due to the great distance and expense which would be required to extend service to only the Ellis residence, the petition states.

Both families claim they pay stormwater management and assessment fees without receiving any benefit because they are in a special taxing unit described by a local ordinance as “all of the territory within the corporate boundaries of the town.”

Not only do the Harkers not receive benefit, but they claim their property has been damaged by considerable discharges of water from adjacent properties. Harker, a retired dentist and farmer, began requesting a stop to the stormwater fees as far back as 2013.

In their petition, the two families state they want their property removed from Hope’s property tax rolls. They also are seeking a refund of previously paid stormwater fees to the greatest extent permitted by law, the petition states.

When asked to comment on the petition, Harker said he prefers not to discuss any particulars until the public hearing on Feb. 13. Hope Town Manager Jason Eckart said the town is still trying to decide how to handle the petition and declined further comment.

Attorney Andrew M. Sumerford of Indianapolis has been hired to represent the Harker and Ellis families. The town of Hope is seeking the assistance of Columbus attorney Alex Whitted.

Town attorney Scott Andrews cannot represent the community because of a conflict of interest, Eckart said. Andrews is also the attorney for the Flat Rock-Hawcreek School Corp., where John Harker is the president of the school board.