Sec. 16. (a) If a remonstrance is filed on any ground other than a ground set forth in section 14(a)(5) of this chapter, annexation does not become effective until final judgment in the remonstrance suit. A judgment is not considered final until the time for taking an appeal has expired or, if an appeal is taken within the permitted time, until a final judgment is issued in the appeal.

     (b) A judgment of a trial court dismissing a remonstrance is a final judgment, subject to subsection (a).

Terms Used In Indiana Code 20-25-5-16

  • acquiring school corporation: means the school corporation that acquires territory as a result of annexation. See Indiana Code 20-25-5-1
  • annexed territory: means the territory acquired by an acquiring school corporation as a result of annexation from a losing school corporation. See Indiana Code 20-25-5-3
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • losing school corporation: means a school corporation that loses territory to an acquiring school corporation by annexation. See Indiana Code 20-25-5-6
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (c) If a judgment is against annexation, no further annexation of the annexed territory may occur for two (2) years after the date of the filing of the remonstrance. However, a judgment against annexation does not prevent either the:

(1) acquiring school corporation; or

(2) acquiring school corporation and the losing school corporation;

from rescinding the annexation resolution. If an annexation resolution is rescinded under this subsection, the suit must be dismissed without prejudice. If an annexation suit is dismissed without prejudice under this subsection, the two (2) year prohibition does not apply unless a subsequent annexation resolution is adopted primarily for the purpose of harassment and not for another purpose, such as the correction of procedural irregularities or a substantial change in the annexed territory or the annexation resolution.

     (d) If a remonstrance relates solely to a matter raised under section 14(a)(5) of this chapter, the annexation takes effect at the time provided under section 11 or 12 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-14-8.]

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

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