§ 20-25-5-14 — Remonstrance; procedure; grounds

(a) A remonstrance under section 11 or 12
of this chapter must be in substantially the following form:
The undersigned hereby remonstrate against the annexation of the
following described territory situated in ________ County, Indiana,
whereby it would be transferred from ___________ (the losing
corporation) to ____________ (the acquiring corporation):
(Description of the annexed territory sufficient to identify it.)
The remonstrance may be filed in any number of counterparts. Each
counterpart must have attached to it the affidavit of the individual
circulating the counterpart that affirms that each signature appearing
on the counterpart was affixed in the presence of the individual
circulating the counterpart and that each signature is the true and
lawful signature of the individual who made it. The individual who
makes the affidavit is not required to be one (1) of the individuals who
signs the counterpart to which the affidavit is attached. The
remonstrance must be accompanied by a complaint filed by one (1) or
more of the remonstrators. The individual or individuals who file the
complaint must be treated as a representative of the entire class of
remonstrators and must sign the complaint individually or have their
respective attorneys sign it. The complaint must state the reasons for
the remonstrance. The reasons for the remonstrance are limited to the
following:
(1) There is a procedural defect in the manner in which the
annexation is carried out that is jurisdictional.
(2) The annexed territory does not form a compact area abutting
the acquiring school corporation.
(3) The losing school corporation is left with no high school
facilities, or its enrollment after annexation will be less than one
thousand (1,000) students. This subdivision does not provide a
basis for a remonstrance if the annexation includes all of the
territory of the losing school corporation.
(4) The benefits to be derived from the annexation are outweighed
by the detriments after consideration of the respective benefits
and detriments to the schools, the students residing in the
acquiring school corporation, the students residing in the losing
school corporation, and the students residing in the annexed
territory.
(5) The disposition of assets and liabilities of the losing
corporation, the allocation of school tax receipts between the two
(2) school corporations, and the amount to be paid by the
acquiring school corporation as set out in the annexation
resolution are inequitable.
Except for subdivision (1), each allegation enumerated under this
subsection may be made in the statutory language.
(b) The plaintiff in a remonstrance suit is the individual whose name
appears on the complaint and may be the losing school corporation in
a remonstrance under section 12 of this chapter. The defendants in a
remonstrance under section 11 of this chapter are the acquiring school
corporation and the losing school corporation. The defendant in a
remonstrance under section 12 of this chapter is the acquiring school
corporation. Service of process shall be made on each defendant in the
manner required in other civil actions.
(c) To determine if a petition is timely filed, the time of filing is the
time of filing with the clerk of the circuit court without regard to the
time of issuance of the summons. If the thirtieth day falls on Sunday,
a holiday, or any other day when the clerk's office is not open, the time
for filing must be extended to the next day when the clerk's office is
open.
(d) The issues in a remonstrance suit are made up by the allegations
in the complaint that are denied by each defendant. A responsive
pleading does not need to be filed. A defendant may file a motion to
dismiss the suit on the ground that the:
(1) requisite number of qualified remonstrators have not signed
the petition;
(2) remonstrance was not timely filed; or
(3) complaint does not state a cause of action.
A responsive pleading to a motion to dismiss does not need to be filed.
With respect to a motion under subdivisions (1) and (2), the allegations
are considered denied by the remonstrators. In order to determine
whether there are the requisite number of qualified remonstrators, an
individual is not entitled to withdraw the individual's name after a
remonstrance is filed, and an individual is not entitled to add the
individual's name to the remonstrance after the remonstrance is filed.
An individual may, however, at a remonstrance trial, in support or
derogation of the substantive matters in the complaint, introduce into
evidence a verified statement that the individual wishes to add or
withdraw the individual's name from the remonstrance. The court may
hear all or part of the matters raised by the motion to dismiss
separately, or the court may consolidate all or part of the matters in the
motion to dismiss with matters relating to the substance of the case for
trial. A complaint may not be dismissed for failure to state a cause of
action if a fair reading of the complaint makes out one (1) of the
grounds for remonstrance and suit provided in subsection (a). An
amendment of the complaint may be permitted in the discretion of the
court if the amendment does not state a new ground of remonstrance.
(e) A remonstrance trial must be conducted in the same manner as
other civil cases by the court without the intervention of a jury on the
issues raised by a complaint or a motion to dismiss, or both. A change
of venue from a judge is permitted, but a change of venue from the
county is not permitted. The court shall expedite the hearing of the
case. A court's judgment, except with respect to a matter raised under
subsection (a)(5), must be that the:
(1) annexation will take place;
(2) annexation will not take place; or
(3) remonstrance is dismissed.
(f) If the court finds that the remonstrators have proved a reason for
the remonstrance described in subsection (a)(1) through (a)(4), the
court's judgment shall be that the annexation will not take place. If the
remonstrators fail to prove a reason for the remonstrance described in
subsection (a)(1) through (a)(4), the court's judgment shall be that the
annexation will take place. If the remonstrators raise an issue under
subsection (a)(5) in support of a remonstrance, the court's judgment
may be either that the disposition, allocation, and amount set out in the
annexing resolution are equitable or inequitable. If the court finds that
the disposition, allocation, and amount set out in the annexing
resolution are inequitable, the court shall provide for an equitable
disposition, allocation, and amount. Costs will follow judgment.
Appeals may be taken from any judgment of the court in the same
manner as appeals are taken in other civil cases.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-3-14-6.]

Legislative History

As added by P.L.1-2005, SEC.9.