Town of Cedar Lake v. Certain Cedar Lake 2014 Annexation Territory Landowners
Decision Date | 11 October 2017 |
Docket Number | Court of Appeals Case No. 45A03–1703–MI–589 |
Citation | 85 N.E.3d 643 |
Parties | TOWN OF CEDAR LAKE, Indiana, Appellant–Respondent, v. CERTAIN CEDAR LAKE 2014 ANNEXATION TERRITORY LANDOWNERS, Appellees–Petitioners. |
Court | Indiana Appellate Court |
Attorneys for Appellant : Nicholas K. Kile, Mark J. Crandley, Hillary J. Close, Barnes & Thornburg, LLP, Indianapolis, Indiana, David M. Austgen, Austgen Kuiper Jasaitis P.C., Crown Point, Indiana
Attorney for Appellees : Stephen R. Buschmann, Thrasher Buschmann & Voelkel, P.C., Indianapolis, Indiana
[1] Appellant–Respondent the Town of Cedar Lake, Indiana ("the Town"), appeals from the trial court's setting aside of the annexation of approximately 2800 acres ("the Annexation Territory") in Lake County. In 2014, the Town enacted an ordinance to annex the Annexation Territory, and Appellees–Petitioners Certain Cedar Lake 2014 Annexation Landowners ("the Remonstrators") petitioned to set aside the annexation. The parties agree that the only issue of contention was whether the Town established that the Annexation Territory was "needed and can be used by the municipality for its development in the reasonably near future" as required by Indiana Code 36–4–3–13(c).
[2] Following a bench trial, the trial court set aside the annexation, concluding that the proposed annexation did not satisfy the "needed and can be used" standard. The Town argues that (1) we should review the annexation ordinance at issue to determine if has a "rational basis" rather than review the trial court's judgment for clear error; (2) the trial court improperly failed to give its legislative judgment any deference and applied, essentially, an incorrect de novo standard of review; and (3) the trial court improperly applied the "needed and can be used" standard. Because we conclude that the trial court's judgment must be reviewed only for clear error, the trial court did not employ an incorrect legal standard, and the trial court's judgment was not otherwise clearly erroneous, we affirm.
[3] In the early 1900's, the Town originated as a vacation spot for Chicagoans with "a little bit of money[,]" who patronized the hotels on the lake that eventually gave the Town its name. Tr. Vol. II p. 14. The Great Depression brought decline, and, in the 1960's a group of residents decided to incorporate the Town "and try to reclaim its glory[,]" which finally occurred in October of 1968. Tr. Vol. II pp. 14–15. Over the past forty years or so, Lake County's population has steadily migrated from the northern part of the county to the southern, where the Town is located. Currently, the Town's borders include a section of U.S. Highway 41, which runs north-south a short distance west of the Town's center. The Town's population increased by approximately 25% between 2000 and 2010. The 2010 census determined that the Town's population was 11,560.
[4] In November of 2014, the Town adopted Ordinance 1212, proposing the annexation of the Annexation Territory, consisting of 232 parcels and 2795 acres. On June 2, 2015, the Town adopted Ordinance 1212A and resolution 1228B, providing for the annexation of the Annexation Territory and approving a fiscal plan, respectively. The fiscal plan contained no information regarding specific development in the Annexation Territory but did project a net increase in tax revenues to the Town of more than $350,000 per year. On August 28, 2015, the Remonstrators, consisting of owners of 185 of the 232 parcels in the Annexation Territory, filed their remonstrance against the annexation.
[5] On January 5, 2017, the trial court held a bench trial on the remonstrance. The Town introduced evidence regarding five major projects that could potentially add additional economic development in the Annexation Territory in the future. First, Indiana and Illinois have proposed construction of the "Illiana Toll Road," connecting Interstates 55 and 65, with the intersection of the toll road with U.S. 41 occurring within the Annexation Territory ("the Toll Road Project"). Second, the Northern Indiana Commuter Transportation District is proceeding with plans to extend the South Shore commuter rail line to Dyer, which would allow access to commuter rail service to Chicago at a point approximately a twenty-minute drive from the Annexation Territory ("the Commuter Rail Project"). Third, Amazon has announced a new warehouse in Monee, Illinois, the site of which is approximately one half-hour from the Town, significantly larger than an Amazon warehouse in Joliet, Illinois, which employs 1500 persons ("the Amazon Project"). Fourth, the Great Lake Basin Railroad is planning an extension of its freight line, with the proposed route running parallel to the proposed Toll Road Project ("the Freight Rail Project"). Fifth, planning continues for a "South Suburban Airport" to serve as a third major airport for the Chicago metropolitan area, which would be in nearby Peotone, Illinois, and could spur growth in the annexation area ("the Airport Project").
[6] The Town presented testimony that the planning for future development should be occurring now, regardless of when actual construction begins. The Town purchased a water utility and invested approximately $1,000,000.00 to extend water mains to the edge of the Annexation Territory and has studied the extension of sewer service to the Annexation Territory and plans to begin construction as soon as annexation occurs. The Town, however, did not introduce evidence that any developers have expressed an interest in developing land in the Annexation Territory.
[7] The owners of approximately 40% of the land in the Annexation Territory testified at trial and indicated that none of them had been approached by any developer. Instead, several landowners have purchased land from developers for agricultural use. The President of the Town Council testified that he and the rest of the council had no objection if farming continued in the Annexation Territory for the next ten or twenty years and that the Town knew of no development proposals in the Annexation Territory for the next three to five years.
[8] On February 21, 2017, the trial court issued its written judgment, which included the following relevant findings of fact and conclusions:
To continue reading
Request your trial-
Town of Brownsburg v. Annexation
...points unerringly to a conclusion different than that reached by the trial court. Town of Cedar Lake v. Certain Cedar Lake 2014 Annexation Territory Landowners , 85 N.E.3d 643, 655 (Ind. Ct. App. 2017) (internal quotations and citations omitted), trans. denied .[11] Brownsburg argues that i......