Town of Zionsville v. Town of Whitestown

In 2010, acting under the Government Modernization Act (GMA), the Town of Zionsville reorganized with the unincorporated areas of Eagle Township and all of Union Township. In 2013, the Town of Whitestown adopted an ordinance to annex certain territory in Perry Township. In 2014, the Perry Township adopted an ordinance proposing to reorganize with Zionsville. The Zionsville-Perry Reorganization plan was adopted by Zionsville and Perry Township in 2014. The Town of Whitestown sought judicial declarations that the Zionsville-Perry Reorganization plan was contrary to law. Zionsville counterclaimed, seeking a judicial declaration prohibiting Whitestown from pursuing its attempts to annex territory in Perry Township and Zionsville. The district court rejected the 2014 Zionsville-Perry Reorganization and approved Whitestown’s attempts to annex the territory in Perry and Zionsville, concluding that the 2014 Zionsville-Perry Reorganization was contrary to the GMA and therefore invalid. The Supreme Court reversed, holding that the 2014 Zionsville-Perry Reorganization was not prohibited and that Whitestown may not adopt annexation ordinances annexing territory in municipalities that are the result of completed reorganizations under the GMA. Remanded. View "Town of Zionsville v. Town of Whitestown" on Justia Law