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October 9, 2012

Sellersburg again wins in annexation case

Budget, bonds ready for vote at next meeting

SELLERSBURG — The town of Sellersburg has taken yet another step in finalizing its effort to annex the Covered Bridge subdivision.

At the end of its meeting Monday night, Sellersburg Town Council President Paul Rhodes announced the Indiana Court of Appeals had denied Covered Bridge its request for a rehearing.

“The appeals court turned down the request ... so, the issue is over,” he said. “The annexation is complete unless there is some legal maneuvering or wrangling that we’re not aware of.”

Indiana’s Court of Appeals affirmed a ruling from Clark County Circuit Court No. 2  in July that agreed the town of Sellersburg was “first in time” in beginning its annexation proceedings and that a waiver signed in the 1990s by the developer was valid, limiting the number of residents that could be considered when filing a remonstrance against annexation.

The ruling effectively allowed the town of Sellersburg to move forward with its annexation plans.

Sellersburg began the effort to annex the golf community more than four years ago, which includes Covered Bridge and the Willows of Covered Bridge subdivisions, Sterling Oaks and property along Allentown Road, a total of 1,852 acres. The denial for the rehearing was made last week, but it does not mean the another appeal won’t be made.

Larry Gupton, a leader in the remonstrance effort for Covered Bridge said, “we’re discussing that with our attorney now. That’s still a very viable option,” he said, referring to an appeal to the Indiana Supreme Court.

A message left with Perry McCall, attorney for Sellersburg for the annexation proceeding, was not returned as of press time.

2013 budget

The council began the budget review process for the 2013 budget at its meeting Monday.

There were very few changes from what was approved in the 2012 budget, which included a $3.17 million general fund budget, $250,000 from the Economic Development Income Tax fund and $234,083 in Local Option Income Tax safety funds.

“The only change would be a minimal change in the tax rate,” Rhodes said.

He said the tax rate changed from .6659 in 2012 to .6851 in 2013.

The budget will be reviewed and is expected to be approved at the council’s next meeting Monday, Oct. 22.

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