The Herald Bulletin

Morning Update

Local Business

October 1, 2013

New judge sought in Anderson-Lapel lawsuit

Town defends strip annexation attempt

ANDERSON — The town of Lapel plans to deny the City of Anderson’s allegations of an unlawful annexation as both sides search for a new judge to preside over the case.

Thomas Beeman, the town’s attorney, said Monday he was filing a response to Anderson’s complaint.

The City of Anderson filed a lawsuit to challenge a “super-voluntary” strip annexation Lapel Town Council passed in May. The annexation came at the request of a group of landowners who did not want to be annexed into the city.

According to the lawsuit, Lapel’s annexation violates Indiana’s Home Rule Act because it does not comply with contiguity requirements in state annexation laws, making it invalid and unlawful.

Lapel was granted an extension of time to respond to the city’s allegations, but that extension expired Sept. 30. Beeman said the response was the next step in the court proceedings, until a new judge can be appointed.

In a conference call last week, Beeman said, Madison Circuit Court 6 Judge Dennis Carroll told attorneys from both sides that he plans to remove himself from the case.

Carroll said his decision to be removed from the court proceedings is based on his knowledge of “all the players,” and the fact that he recently employed the former Anderson city attorney.

“There is no entry yet because I told them (the attorneys) informally, so they could talk,” Carroll said. “I am giving them time to see if they can agree on someone (another judge).”

If both sides cannot agree on a judge to hear the case, Carroll said, an official process will be initiated to find a replacement.

Ashley Hopper, city attorney for Anderson, said that process is defined in the Madison County trial rules and, according to the rules, the judge — by default — would come from Grant County.

Text Only
Local Business
  • Historic barn tour and workshop Sept. 19 Across Indiana, barns of all ages and types have been successfully rehabilitated for modern farming and other uses. On Sept. 19, Indiana Landmarks offers BARN AGAIN!, a workshop to help owners maximize use of vintage barns.

    August 20, 2014

  • NWS - HB0820 - Kennedy Google- JC 2 Google X captures heart, imagination of AU professor After spending the summer working at Google's secret research laboratory in Mountain View, California, Scott Kennedy has decided to stay.

    August 19, 2014 3 Photos

  • Residential electric rates increasing by 9 percent The electric rates for residential customers of Anderson Municipal Light & Power will increase by 8.96 percent for the final three months of the year.

    August 19, 2014

  • Indiana experiences growth in manufacturing sector Known for its strength in traditional and progressive manufacturing, Indiana gained more than 5,500 jobs in the manufacturing sector last month and has maintaining a 5.9 percent unemployment rate from June.

    August 19, 2014

  • NWS - HB0819 - Mounds Reservoir - JC 1 People get a view of proposed reservoir

    Local residents are being given the opportunity to discuss the benefits and challenges that face the development of the proposed Mounds Lake reservoir.

    August 19, 2014 3 Photos

  • FEA - HB0819 - Mommy Monday - JC 3 Mommy and me time

    Babette Bargo of Anderson said she brought her daughter to Community Hospital’s first Mommy Monday to meet other mothers and children after her sister-in-law told her about the event.

    August 18, 2014 2 Photos

  • Reservoir would reduce tax revenues If the proposed Mounds Lake reservoir becomes a reality by 2021, local taxing units could lose an estimated $1.9 million in revenues.

    August 18, 2014

  • Ambulance provider to leave communities

    Area hospitals say they are not sure what to make of Rural/Metro Corp.’s announcement to end ambulance services in some Indiana communities.

    August 18, 2014

  • Grant intended to lift college completion for 21st Century Scholars Fall classes at Ivy Tech Community College aren't set to begin for another week, but "college success coaches" from a company called InsideTrack are already contacting 21st Century Scholars to help them transition from high school to college.

    August 18, 2014

  • Jesse Wilkerson: Change is not always good, but sometimes necessary

    Remember when you graduated from high school? You and others started preparing yourself to take on more responsibility. A change occurred. Ready or not you were faced with more decisions that would have greater impact on your life.

    August 18, 2014

Stocks
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide