09/25/2025
Indiana Appeals Court deals another blow to Bloomington's quest to expand its boundaries
Boris Ladwig
The Herald-Times
• The Indiana Appeals Court has blocked the city of Bloomington's attempt to annex two areas on its western edge.
• The court affirmed a lower court's ruling that the city could not provide adequate services to the nearly 8,600 residents in the areas.
• A separate annexation case involving other areas is scheduled to be heard by the Indiana Supreme Court.
• The city's annexation efforts began in 2017 but have faced legal and legislative challenges.
Editor’s note: This story may be updated.
The Indiana Appeals Court has dealt another blow to the city of Bloomington’s annexation attempt.
The court in a ruling issued Wednesday sided with annexation opponents and affirmed a lower court’s ruling that the city had not met the legal burden that would warrant annexation of two areas on the city’s western edge. The areas cover about 5,000 acres and have about 8,600 residents.
In her 31-page opinion, Judge Leanna K. Weissmann said she rejected the city’s “novel interpretations” of the state’s annexation laws and agreed with Judge Nathan Nikirk, who, after a trial last year, said the city was trying to annex “relatively rural" areas and lacked adequate staffs in the public works and police departments to provide services in those areas if annexation proceeded.
Other areas the city is seeking to annex are part of a different case that the Indiana Supreme Court is scheduled to examine next month.
The city had appealed Nikirk’s ruling, arguing the judge had misconstrued the annexation requirements.
“We find no such misconstruction and affirm the trial court’s judgment halting the annexation,” Weissmann wrote.
The administration of Mayor Kerry Thomson could not be reached immediately Wednesday evening to say whether it planned to ask the Indiana Supreme Court to also review this case. Margaret Clements, president of County Residents Against Annexation, also could not be reached immediately Wednesday evening.
The city’s quest to expand its boundaries began in 2017 when then-Mayor John Hamilton proposed the initial annexation, which was halted by an action of the state legislature that the Indiana Supreme Court later ruled to be unconstitutional.
In 2021, Hamilton renewed the annexation attempt, saying the proposal aimed to “right-size” the city, which has not expanded its boundaries since 2004, despite significant growth around it. Residents in the annexation areas would face, on average, hundreds of dollars more in property taxes, and many say they do not want to pay taxes for few, if any, services they would find useful.
Residents in the targeted areas had three months at the end of 2021 and the start of 2022 to formally oppose the annexation plan by filing remonstrance petitions. In five of the seven areas — the areas that are subject to the case that will go before the state supreme court — residents filed enough remonstrance petitions to stop annexation. In two areas — those that are subject to the case in which the appeals court issued a ruling Wednesday — residents filed enough petitions to challenge the city's annexation attempt in court.
Weissmann wrote that Nikirk “properly concluded that neither area … met the (state’s annexation) requirements,” that annexation would have a “significant financial impact” on the residents in the affected areas and that property owners “would receive little benefit” from higher taxes.
Boris Ladwig can be reached at [email protected]
Indiana Appeals Court Judge Leanna K. Weissman said she rejected the city’s “novel interpretations” of the state’s annexation laws.