BLOOMINGTON – On Wednesday, October 19, Special Judge Nathan Nikirk lifted a stay, allowing the trial on the merits to proceed in County Residents Against Annexation v. the City of Bloomington, a lawsuit filed by some remonstrators from Areas 1A and 1B challenging the annexation of certain west-side neighborhoods.
“We are gratified that the Court has allowed this lawsuit to move forward for a full adjudication, and we are eager to present our case,” Mayor John Hamilton said. “We began an orderly annexation effort nearly seven years ago, and after unconstitutional blockages and frustrating delays, including in this remonstrance case that began 19 months ago, we appreciate the chance finally to get to trial to resolve the issues.”
In order to avoid potential further delays in this case, the City dismissed Areas 1A and 1B from separate litigation challenging the constitutionality of a 2019 law retroactively voiding consents to annexation given by current or prior owners of the affected properties.
And yesterday, the City stipulated that it was waiving any challenge to the 2019 law’s constitutionality in the remonstrance proceeding. With the Court’s order today, a full trial on the merits may now proceed. The Court scheduled a conference call on October 23 to set a new trial date.