On December 31, 2008 Superior Court Judge Nation ruled in favor of the Town of Fishers and ordered that the annexation of the Geist area take place.

Obviously, no one in the annexation territories is happy about this ruling.

Basically, the judge ruled that we did not prove our case under section IC 36-4-3-13(e) of the annexation law other than we do receive adequate police protection from the Sheriff’s Department and Hamilton County maintains our roads. Evidently, in the judge’s view, we did not prove the other elements of 13(e)—we won’t publicly comment on the particulars at this point due to our pending appeal.

What’s Next? Obviously, we want to appeal the ruling. But, what we do specifically is up to each of you. By appealing, at a minimum, we move the case into next year; as you recall, Fishers cannot annex us in 2009 as it is the year before the decennial census. This would delay annexation—if we lose the appeal—into 2010. If we win, then they can’t try again for four years after the appeal ruling.

Why is it up to you? It will likely cost about $15,000 to go through the appeal process. Thus, we need to collect $15,000 to undertake the process. We will start the filing procedure, but to move forward we simply need the money.

By now you know: www.SayNoToFishers.com, click “Donate Now”; Geist United Opposition, P.O. Box 56023, Indianapolis, IN 46256.

Happy New Year from the GUO

Despite not prevailing at the Superior Court level:

We want to wish each and everyone a Happy and Prosperous New Year!

One the whole, we all have much to be thankful for and we all look forward to a brighter 2009, hoping that it brings us peace, economic recovery, and the joys of family and friends.

Happy New Year!

We are still about $9,000 short in covering our trial expenses. We’ve made progress since our last report to you (November 20th, we were down by about $14,000). So thank you to all who have contributed, including a number of first time contributors. But, there is still a way to go.

The trial is over, but the fight is far from over. There likely will be oral arguments (currently scheduled for December 19th at 1:30p, Hamilton County Superior Court #1), additional post trial motions and briefs, and appeals.

If we win, you can bet Fishers will appeal and we will need to be financially prepared to carry on at the appellate level. If we lose, then we’ll need to decide whether we will appeal; but, so far the consensus from you is that we should.

But, we need about $9,000 to cover current, already incurred expenses and then more for follow-up and appeals.

This really has been a David vs. Goliath effort. At trial, Fishers always had at least six lawyers present (who knows how many were working behind the scenes), plus at least three expert witnesses on contract. We managed quite well with one extremely competent lawyer, his associate, and one highly respected expert witness. No doubt, Fishers has spent well beyond the $1.2 million reported before trial. Likely, the 10:1 ratio of their costs vs. ours has increased to perhaps 15:1.

Nonetheless, Fishers seems to have unlimited financial resources as it would appear that their taxpayers are not too concerned about how much money they are spending, even though the Town Council has cancelled some infrastructure projects due to a lack of available funds. Makes one wonder, doesn’t it?

We, on the other hand, have only you to count on. We proceeded with trial based on your directive and our lawyer did a great job presenting our case. Now we must continue the fight.

This is a tough time of year and a difficult economic time to be asking for money. But, as we all know, we’ve all saved thousands of dollars so far by fighting this unjust forced annexation. Even if we lose but hold off a final court decision until next year, we’ll still save money for another couple of years because, according to our attorney, Fishers can’t legally annex us in 2009 as that is the year before the 2010 census. And if we win, they can’t try to annex us for another four years after that.

If you haven’t contributed or if you can see your way clear to contribute some more, please send a check payable to Geist United Opposition, P.O. Box 56023, Indianapolis, IN 46256; or, contribute online: www.SayNoToFishers.com (click “Donate Now”).

As a reminder, only about 32% of the affected homeowners have contributed money although well over 65% signed remonstrance petitions. Please remind your neighbors that they are sharing in the savings so they should share some of the costs.

Thank you and best regards.

While you no doubt caught it on the news, just in case, we’d like to announce that the trial concluded Tuesday (11/25) afternoon.

As expected, at the end of the trial Fishers’ attorneys (all six of them) made a motion for the judge to dismiss the case in their favor saying we didn’t provide sufficient evidence to prove our case. This was expected and, evidently, is pretty standard procedure as the defense (in this case, Fishers) almost always makes such a motion.

During a conference call this (Wednesday) morning, the Fishers attorneys asked the judge to take their motion under advisement and rule on it along with his ruling on the annexation case itself. Our attorney agreed since this isn’t a problem for us at all. As such, post trial briefs and findings are due the judge by December 15th. Oral arguments, if held, will be held on December 19th at 1:30 (Superior Court #1)—open to the public.

It’s hard to say when the judge may make his ruling on the case. Could be near the end of the year; could be later.

Thanks to everyone who took the time from their busy schedules to attend all or part of the trial. We’re sure the judge took note of the high degree of community interest in this case.

Happy Thanksgiving!

From all of us on the GUO board to everyone: Happy Thanksgiving!

We hope that you will have a joyful and safe time with family and friends.

Just a reminder that our day in court—three days, actually—starts next Monday, November 24th, in Superior Court #1, third floor, Hamilton County Square, Noblesville. This is in the Hamilton County Government and Judicial Center at 8th Street and Conner Street (SR 32), across the street from the old, historic court house.

Court starts at 8:00 a, but our attorney said that the fun—actual testimony—probably won’t begin before 9:00 a.

If you have some time on Monday, Tuesday, or Wednesday you should plan to attend at least some of the proceedings. It doesn’t hurt to show the judge that there are a lot of concerned homeowners, who are simply fighting to protect themselves from being taken over by powerful, big government. See you there.

Fundraising Status

We’re doing pretty well. The number of new donors has increased and we’re just $14,000 shy of our $50,000 goal for trial.

Since we’re so close, please keep the pressure on your neighbors who have not contributed; remind them of all of the money we have saved them over the last three years and the money we’re likely to save them yet. This is money they would not have if it were not for the GUO and all of you who have participated and donated.

Giving a small percentage is not too much to ask:

www.SayNoToFishers.com click “Donate Now” to donate online, or mail to

Geist United Opposition, P.O. Box 56023, Indianapolis, IN 46256

Please note that the SayNoFishers site had some interruptions last week due to a server switch over, so if you tried to donate online but couldn’t get in, please try again now.

It was November 17, 2005 when the Fishers Town Council announced their intention to annex the Geist area into the Town of Fishers. As we recall, Scott Faultless, Town Council President, said Geist would welcome Fishers with open arms. Well, their extreme arrogance continues, but so does our battle.

A week from today, November 24th, our day in court begins. We’ve held off this unjust and unwanted forced annexation for three years almost to the date of our court date. Win or lose, we’ve shown the Town Council that we simply will not bow to their dictates. We are ready, willing, and able to take them on.

Win or lose, with appeals, etc. we will probably hold them off for another year or two (if not longer). So, thanks to the efforts of a lot of people–block captains, neighborhood coordinators, people willing to go door-to-door to collect money and get remonstrance petitions signed, people attending (and contributing generously at) fund-raising events, and everyone who donated money to the cause–we have all saved thousands of dollars in additional (and unnecessary) property taxes and, more importantly, we’ve shown seven rather self-important people that we are a forced to be reckoned with.

And don’t forget, they’ve outspent us more than 10 to 1. Their citizens must be very proud, don’t you think?

Happy Anniversary to all of us and congratulations to all of us! See you in court next week.

We’ve now collected about $31,000 due to the outstanding efforts of our block captains and neighborhood coordinators.  They’ve been hitting the streets and hitting up those who had not previously given—good job all!  Thank You!

But, we’re still $19,000 short of our goal for trial money—trial is still scheduled for November 24th – 26th, Hamilton County Superior Court #1.  Time is running out.

Please, if you have not donated do so right now!

Go to www.SayNoToFishers.com and click “Donate Now” to donate online.  Or, mail a check payable to Geist United Opposition, P.O. Box 56023, Indianapolis, IN 46256.

We have and continue to provide updated lists to our block captains of those who signed the remonstrance but have not yet contributed any money to the cause.  It’s only fair that everyone contribute because everyone has saved thousands of dollars in additional property taxes due to our collective efforts.  And, more savings may be realized simply by taking this to trial.

In the spirit of Thanksgiving, please donate now.

Joinder Withdrawal Referendum Passed

As you probably saw in the paper, the referendum for Fall Creek Township to withdraw from the joinder agreement with Noblesville (and, thereby Fishers) for planning and zoning control passed.  This gives the Fall Creek Township board the go-ahead to formally withdraw from the agreement, which is the next step in the process.

Also, on Monday, November 10th, the Hamilton County Commissioners voted to have the County Planning Commission begin the process of including unincorporated Fall Creek Township into the County plans (master development plan and zoning control).  This was viewed by the Commissioners as a fail-safe measure in case the fly in the ointment survives.

The fly-in-the-ointment is—you guessed it—the Fishers Town Council.  Prior to the referendum they passed an ordinance giving the Town planning and zoning control over unincorporated areas within two miles of their border (which is almost all of unincorporated Fall Creek Township), which is allowed by state law.  Legal or not, clearly, the Town Council will do what it wants regardless of the will of the people.

What happens next depends on a couple of things.  One, the Fall Creek Township board needs to vote to withdraw from the joinder.  Two, a group of affected citizens will need to file a law suit to have a court figure out whether the Town Council’s action stands or the will of the people stands, as both the County and the Township have said they will not take this to court.

By way of background:  Currently, zoning and planning for the unincorporated areas of Fall Creek Township (much of which is the Geist area) is provided by the Town of Fishers.  Originally, the Township entered into an agreement (joinder) with the City of Noblesville, in which the Township asked Noblesville to provide this service.  In 2004, Noblesville turned this responsibility over to Fishers, but the agreement is still between Noblesville and the Township.  By withdrawing from the joinder with Noblesville, the result will be to terminate Fishers’ zoning control over unincorporated Fall Creek Township.

Why is this an issue?  Much of the Geist area was developed under the plans and zoning control of Noblesville, which is different from the plans and zoning control of Fishers.  Although Noblesville ceded zoning control to Fishers, the Town was supposed to enforce the Noblesville zoning rules; instead, they enforced their own zoning rules (and why would that be a surprise?).

The application of Fishers’ zoning rules has had some negative consequences for our area.  Remember the Masthead sign issue?  The signs were fine until Masthead spent a lot of money to replace the signs; suddenly, they found the replacements no longer met the zoning requirements.  Others have had to move driveways during construction; while the placement met the Noblesville rules, it didn’t meet the Fishers rules.

More to the point, we are not represented by the Fishers Town Council nor does the Fishers Planning Commission have much of a tendency to listen to us.  And, even Scott Faultless has said that the Council tends not to pay much attention to non-residents.  Thus, we have no input into planning and zoning over our own property.

If zoning is moved to the County, which would be the result of terminating the joinder agreement, then we will have a voice since we elect and are represented by the County Commissioners.

Of course, the Fishers Town Council is saying they passed the ordinance to protect us from the zoning vacuum that will result if the Township board votes to withdraw from the joinder.  You saw the signs warning against junk yards and landfills (like anyone would spend the money for property out here for a junk yard).  But, of course, there wouldn’t be a vacuum as the status quo would be maintained until the County established the zoning for the area.

If you think zoning should go to the County and not to the Town of Fishers (which is what the majority of voters said), then you should make your wishes known to the Fall Creek Township Trustee and board (contact Terry Michael, Township Trustee, at 317-585-9600).

You can also contact Joe Weingarten (mrmac@aol.com) to learn more about this issue and how you can help.

In case you missed it, there was an article in the Thursday, October 23rd, Fishers Star on the zoning issue between Fall Creek Township and the Fishers Town Council.  The link is:

http://www.indystar.com/apps/pbcs.dll/article?AID=/20081023/LOCAL0102/810230306/1175/LOCAL0102

As you will note from the article, there will be a referendum on the ballot November 4th that is worded in a rather confusing manner:  “Shall the township withdraw from joinder with the City of Noblesville for planning and zoning purposes?”

While we’re not suggesting how you might vote, here’s a little background.

Back when the Beatles were a new group (1964), Fall Creek Township entered into an agreement with the City of Noblesville giving the city control over zoning in the unincorporated areas of the Township (including the Geist area).  This is the joinder agreement.

In 2004 (McCartney still on tour), Noblesville agreed to let the Town of Fishers take over zoning for the area—ostensibly because Fishers was closer (and who knows what else may have gone on behind the scenes).  Nonetheless, Fishers was supposed to follow Noblesville’s zoning rules for unincorporated Fall Creek Township, but instead they enforced their own, stricter zoning rules.  And, it appears that the joinder agreement was never formally executed.

This year, a number of township residents challenged the issue and were successful in getting a public referendum on the issue so the residents can decide.

A YES vote cancels the joinder agreement with Noblesville, which, in turn, cancels Noblesville’s agreement with Fishers—the result is zoning control will go to the county.  A No vote allows Fishers to retain zoning control over Fall Creek Township (unincorporated).

As reported in the article, part of the process included the formation of two study committees:  one by the Township and one by the Town; both had residents from the incorporated and unincorporated areas of the township.  The Town’s committee concluded that the zoning should remain with the Town (surprise!); the Township’s committee—which actually held a public forum on the topic—concluded the zoning should go back to the county.

The decision now lies in the hands of the voters.

We are still scheduled for trial Monday through Wednesday, November 24th – 26th, Hamilton County Superior Court #1 (Judge Nation), Hamilton County Courthouse, Noblesville.  Our attorney, Steve Buschmann, thinks that Monday and Tuesday will be long days in order to have a shorter day on Wednesday (so that the court staff won’t have to stay late the day before Thanksgiving).  Initially, there was some chance that the trial might start the preceding Saturday, but it’s not likely that will happen.

So far, due to the outstanding efforts of our block captains and neighborhood coordinators, we have raised about $20,000 toward our goal of $50,000.

Keep those checks coming or contribute online at www.SayNoToFishers.com, “Donate Now”.  Checks should be payable to Geist United Opposition and mailed to P.O. Box 56023, Indianapolis, IN 46256.

If you signed the remonstrance but have not contributed financially, you are asking us to fight your fight for you but you won’t give us any bullets for battle—even though we’ve already saved you the cost of those bullets many times over.

The Geist area remonstrators fighting the forced annexation of our property by the Fishers Town Council are headed to court.

We are scheduled for trial in Hamilton County Superior Court #1 (Judge Nation) on November 24 – 26 (Thanksgiving week).  The trial may start on Saturday, November 22nd unless the lawyers for both parties can stipulate that they can complete the trail in 3 days.  We can agree to that, but we’re not sure about all of the lawyers and different law firms the Town Council is using.

Nonetheless, as you probably know by now, we are being out spent 10:1 by the Town Council.  They’ve chalked up $1.2 million so far (since only 2007) of their taxpayers’ money; evidently, this is an unlimited resource thanks to the heretofore unacknowledged (and perhaps unknown) generosity of their taxpayers.

We certainly don’t need $1.2 million; we do need $50,000 for attorney and expert witness fees.

If you signed the remonstrance petition against the forced annexation of your property, you told us to go to court to fight this.  If you signed the remonstration petition against the forced annexation of your property and have not contributed to the legal fund, then you are hamstringing your own efforts!  We can’t continue the fight without money!

If nothing else, we’ve all saved thousands of dollars in additional property taxes since this all started in 2005.  If nothing else, trial holds them off even longer.

Don’t think your neighbors can pay for this all by themselves.  There is no investor angel in the wings.  Contribute NOW!

Click “Donate Now” above to donate online.  Or, send a check to GUO, PO Box 56023, Indianapolis, IN 46256.

Thank you very much!

Please plan to attend one of the two homeowners’ meetings next week hosted by the GUO at the Indianapolis Yacht Club, 7:00p – 8:00p.  Come either Tuesday, October 7th or Wednesday, October 8th.

Two important topics for discussion:

• Annexation trial November 24 – 26, Hamilton County Superior Court:  Geist annexation remonstrators vs. almost all of the larger law firms in Indiana.
• Fundraising:  ‘cause we’re up against almost all of the larger law firms Indiana—the best legal talent that $1.2 million taxpayer dollars can buy.

We will do our best to answer questions regarding recent events.

We will discuss our exact financial status—and we’ve not done too badly given we’ve been outspent 10:1—and what we need to continue on to trial.

We need your help with fundraising:  we want your ideas, we want your help!

See you next week!