The state court of appeals has ruled against the city of Bloomington in the annexation case of western Areas 1A and 1B.
The two proposed areas had less than the 65 percent of remonstrance signatures needed to overturn the annexation, but more than the 51 percent of signatures to appeal in court.
Read more on the trial: Bloomington annexation trial over areas 1A and 1B
Monroe Circuit Court Special Judge Nathan Nikirk ruled in August of 2024 that the city didn’t introduce evidence of future development, the annexation wasn’t in the best interest of landowners, and made observations of the area’s rural nature.
Nikirk also said understaffing at the police, public works, and transit departments was considered.
Appeals court judges L. Mark Bailey, Elaine B. Brown, and Leanna K. Weissmann heard arguments Aug. 19 from representatives of County Residents Against Annexation (CRAA) and the city.
In a unanimous opinion filed Wednesday, the court rejected the city’s “novel interpretations of the annexation statutes.”
The court said the city raised two primary issues on appeal – the interpretation for annexation and the significant financial impact not in the best interests of property owners.
The opinion said the city’s claim is just another attempt to reconsider the evidence.
“We find no such misconstruction and affirm the trial court’s judgment halting the annexation,” the opinion reads.
Read more: Bloomington's annexation quest: what's at stake
In a statement, the city said it will seek transfer to the Indiana Supreme Court.
“Research shows that if Bloomington is unable to capture the intentional growth adjacent to its boundaries, the region and community will experience a long-term decline in population, household income, economic growth, and fiscal health of the community.”
The Supreme Court will hear arguments Oct. 30 in a second case regarding annexation over the constitutionality of remonstrance waivers.
