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!

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.

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.

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.

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!

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!

Settlement negotiations are to take place before a court-appointed mediator on September 11, 2008.  The court expects the GUO to serve as the agent representing the remonstrators; the Fishers Town Council will, of course, represent the Town. We have learned that the meeting, at least in part, will be a meeting the public can attend, but probably not a public meeting at which the public may speak (details are still being worked out).

So here’s the deal:  We have no choice but to enter into mediation as the COURT has ORDERED that we do so.

But, in order for the GUO to serve as the agent representing the remonstrators and to comply with the court order, we will need a large number of those who signed to remonstration (anti-annexation) petition to sign another document giving the GUO the authority to do so.  This is because the GUO is simply a volunteer group that has helped to organize our remonstration efforts, we are not elected or otherwise empowered to represent the remonstrators in matters like this.

Over the next couple of weeks we will be holding a series of meetings at which we will do our best to explain the situation and ask for your signatures once again, if you want us to represent you.  Sorry for the short notice, but this just happened.

Our lawyers tell us that court ordered mediation often occurs in lawsuits and the judge fully expects that a settlement will be reached.  However, if a settlement is not reached, although the parties have negotiated in good faith, then the trial will proceed (scheduled for October 1 – 3, 2008).

Let us be clear:  the judge expects that good faith negotiations will take place; we cannot undermine the mediation process simply to force the matter into trial (that could be viewed as contempt of court).

You may have noticed that there hasn’t been much communication from the GUO lately; this is because of the lawsuit (against the annexation)—our lawyers pretty much put a gag order on us in order to avoid any possible complications.  Behind the scenes a lot of legal stuff has been happening (e.g., depositions are underway), but nothing until this point worthy of announcement.

Stay tuned for announcements on meeting dates, places, and times.

If you would like to see the pictures from the event, please go to our website at www.saynotofishers.com. If you have any questions about the auction items, please contact Rachel Quade at rachelquade@talktotucker.com.

Thank you again to everyone for making the night a success!!!

~The GUO Board~

Tickets are $100 per person and $150 per couple.  The price includes 2 drink tickets (4 per couple), appetizers, entertainment, silent auction, and fun with neighbors and friends.

There is limited capacity, so don’t wait to get your reservation in.

Click on the “Donate Now” link to make your contribution of $100 (for one person) or $150 (for a couple) or more because you know how important this cause is.  Then, send us an e-mail at geist.united@yahoo.com letting us know who will be attending (please include your name, e-mail, and phone number; we’ll reconcile the list and send you a confirmation.

This is an important event and most necessary to help build up our legal fund.

If you would be willing to donate an item for the silent auction, please contact Rachel Quade at rachelquade@talktotucker.com. Thank you!

See you there!  SOS–Save-Our-Status!

• Won’t tax reform make all this moot?
• Is annexation inevitable?
• What about SPORTS and parks?
• What about the Towns of Geist?
• Fishers promised me sewer connections if I don’t remonstrate?

Check out the answers to these and other pressing questions, click here.