Greenwood seeks judgement on Bargersville annexations

The state reorganization law is new and unchallenged. The current effort between White River Township and Greenwood is only the second time that the statute has been exercised since its passage in 2006. This mean many portions of the law have never been brought before a judge for a ruling on just how they should be applied. In a short 15-minute meeting on Monday afternoon the Greenwood Common Council decided to obtain a ruling on a significant issue surrounding the current reorganization effort: Does the formation of a Reorganization Committee invoke the doctrine of “first in time, first in right” over and above an annexation action.

This became an issue last summer when the town of Bargersville decided to annex nearly 15 square miles of southwest White River Townhip, an area lying totally within the area being considered under the reorganization effort. In addition, Bargersville has also annexed a small area southeast of the town which also falls into the disputed area.

It is not clear what the impact would be if a final ruling, including possible appeals, is not made before issue goes before the public in the May election. In all likelihood, both the annexation and an approved reorganization would be put on hold. However, should the ruling be delayed and the reorganization fail, it is likely that the Bargersville annexation would go forward immediately.

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