Attorneys for Bloomington and the Indiana Attorney General presented arguments Friday in a case challenging the state’s 2019 annexation law.
The judge’s eventual ruling could determine whether the city succeeds in its plan to annex parts of the county.
The law nullifies remonstrance waivers over 15 years old. Landowners signed these waivers giving up their right to challenge annexation by the city in exchange for getting connected to Bloomington’s sewer system.
City attorneys argue the law violates sections of the U.S. and Indiana constitutions, both of which prevent the state from impairing existing contracts, such as a remonstrance waiver.
The state says these constitutional sections are meant to protect private citizens from the government, that the city waited too long to act on the waivers and that many of those who signed them built their lives based on the assumption of living outside city limits.
Many of the remonstrators opposing annexation were at the courthouse, including Margaret Clements, President of County Residents Against Annexation. She wants to make sure the votes of remonstrators are counted if they signed a waiver more than 15 years ago.
“I don't know why in a democratic, progressive town you have a government that's working so actively against the will of a super majority of people,” Clements said.
The court will reconvene in a month and Judge Nathan Nikirk is expected to issue a ruling.
