Residents of Southwest Clay Township Respond to Annexation Decision
May 24, 2006

Clay Township, IN – The residents of southwest Clay Township in Hamilton County, Indiana responded today on the court decision of Judge William J. Hughes, Hamilton Superior Court No. 3, issued on May 23, 2006, ruling that the proposed annexation by Carmel of this territory “shall not occur”.  Carmel initiated annexation in June 2004 against the wishes and desires of the residents of this area, which is bounded by 96th Street, Spring Mill Road, 116th Street, and the western Hamilton County line.  Over 70% of the property owners in this area remonstrated against annexation in February, 2005 and presented their case to Judge Hughes in a trial on February 27, 28 and March 1, 2006.    

Bob Thomas, Chuck Cavalier, Jack Holton and Tom Ewbank, property owners in Southwest Clay Township, led the remonstrance effort in court against the annexation on behalf of all of the remonstrators of Southwest Clay Township.  “This neighborhood is distinctly separate from Carmel and desires to remain independent.  It has a distinctive quiet, residential character that does not support or desire more traffic, higher density neighborhoods, or commercial development in the midst of our homes,” Bob Thomas explained.  “We undertook this fight in order to finish what nearly 2,400 property owners began in February, 2005 when they initially remonstrated against Carmel’s annexation”, said Chuck Cavalier.  “The four of us picked up the battle at this critical time before the trial in court, but we communicated regularly with many of our neighbors and fellow homeowners on the status of the case and had the support, financially and otherwise, from many residents.  It was not just 4 people opposing Carmel’s annexation”, he stressed.

The contested annexation hearing and the Judge’s decision that the annexation shall not occur equates to property tax savings to this whole area of $4 million per year for at least 5 years, and would prevent an initial property tax increase of 21.4% on all homeowners.  This equals an annual property tax savings of approximately $240 per $100,000 assessed value of homes and properties in this area.  Bob Thomas indicated, “We fought such a tax bill increase as the residents considered the level of service by Clay Township sufficient.  Carmel did not make a credible commitment to increase or improve upon the services already being provided, nor to spend any of the significant tax revenue in our area”.

The Judge’s order affirms the reason that this group of residents led the fight against annexation after a settlement agreement had been negotiated with Carmel by a few residents.  Chuck Cavalier stated that “One of the main reasons we became involved in this battle was that our review of the Settlement Agreement reached by NOAX and Carmel made us believe there were so many procedural errors and irregularities in it that it could easily have been challenged by any Carmel taxpayer and overturned after the annexation.  We laud Judge Hughes ruling that the procedural wrongs committed by Carmel did in fact substantially injure us and our neighbors by the great burden imposed on us in time and money spent fighting this effort,” add Cavalier.  “Had we rested upon that settlement agreement and the assurances of Carmel as to getting a better deal based on the settlement agreement, it would never have been realized by the residents of Southwest Clay,” offered Bob Thomas.  “In that case, the residents of Southwest Clay would have been annexed into Carmel with no tax abatement and paying significantly higher taxes with no increase or improvement in services”.
 
Thomas and Cavalier stated that they plan to go forward in discussions with the residents of Southwest Clay in planning for their future.  “We are confident that the residents of Southwest Clay desire to remain independent and will plan for their future with the distinct characteristics, needs and desires of the residents as the top priority in organizing delivery of municipal services” said Cavalier.

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