Tipton court hears Kokomo annexation arguments

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November 18, 2009

Remonstrators challenge validity of waivers

By SCOTT SMITH The Kokomo Tribune Wed Nov 18, 2009, 11:42 PM EST

TIPTON – Remonstrators against the proposed West Side Annexation were in court Wednesday morning, asking Judge Thomas Lett to allow their case to continue.

Attorneys for the City of Kokomo asked the Tipton County Circuit Court judge to dismiss the case, saying the remonstrators don’t have enough petition signatures to have the case heard. At stake is whether 4,200 acres to the south and west of the current city limits will be incorporated into Kokomo.

The city and the remonstrators presented oral arguments Wednesday on the subject of remonstrance waivers, signed agreements offering “city services” in return for a guarantee the property owner wouldn’t fight annexation.

The city attorneys claim 537 waivers are valid. If Lett agrees with the city’s position, both sides say the West Side remonstrators won’t have enough valid signatures to continue the battle.

Lett took both sides’ arguments under advisement, saying “I can tell you it’s going to take me a while to go through this information.”

If Lett rules in the remonstrators’ favor, the case could then proceed to trial, although the city’s attorneys could also appeal the decision. There is no set timetable for Lett issuing a ruling.

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