Indiana § 20-23-5-13 Effective date of annexation in case of remonstrance; limitations on
new annexation proceeding following adverse judgment

Indiana Statutes

§ 20-23-5-13 — Effective date of annexation in case of remonstrance; limitations on new annexation proceeding following adverse judgment

Indiana·Title 20 EDUCATION·Art. 23 ORGANIZATION OF SCHOOL CORPORATIONS·Ch. 5 Community School Corporations: Territory Annexations

(a)If a remonstrance is filed on grounds other than the grounds in section 10(a)(4) of this chapter, annexation does not become effective until final judgment in the remonstrance suit. Judgment may not be considered to be final until:

(1)the time for taking an appeal has expired; or

(2)final judgment in the appeal is entered. A judgment of the trial court dismissing a remonstrance is a final judgment. If judgment is against the annexation, a further annexation of the annexed territory may not take place for two (2) years after the date the remonstrance was filed. A final judgment may not prevent either the acquiring school corporation or acquiring school corporation and losing school corporation from rescinding the annexation resolution. If the suit is dismissed without prejudice, the t

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(a) If a remonstrance is filed on grounds
other than the grounds in section 10(a)(4) of this chapter, annexation
does not become effective until final judgment in the remonstrance
suit. Judgment may not be considered to be final until:
(1) the time for taking an appeal has expired; or
(2) final judgment in the appeal is entered.
A judgment of the trial court dismissing a remonstrance is a final
judgment. If judgment is against the annexation, a further annexation
of the annexed territory may not take place for two (2) years after the
date the remonstrance was filed. A final judgment may not prevent
either the acquiring school corporation or acquiring school corporation
and losing school corporation from rescinding the annexation
resolution. If the suit is dismissed without prejudice, the two (2) year
prohibition does not apply unless a subsequent annexation resolution
is adopted primarily for the purpose of harassment and not for some
other purpose, including the correction of procedural irregularities or
a substantial change in the annexed territory or the annexation
resolution.
(b) If the remonstrance relates solely to any matter raised under
section 10(a)(4) of this chapter, the annexation takes effect at the time
provided under section 8 of this chapter.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-4-8.]

Indiana § 20-23-5-13 (Effective date of annexation in case of remonstrance; limitations on new annexation proceeding following adverse judgment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.