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Last
updated: March 6, 2011
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March 6, 2011 We have enjoyed a rest
after fighting off Carmel’s
forced annexation. You may recall that
in June 2009 we strategically negotiated with Carmel in court chambers and achieved our 36-month
suspension of their annexation efforts (they wanted 6 months!). Wow.
What a well fought victory. We
should be very proud.
Our tightfisted money management (we’re all
frugal volunteers) since June 2009 has enabled us to keep our lawyer hired and
prepared for the next battle with Carmel. The case is now 18 months away from returning
to the Hon. Judge William Hughes per IN Court of Appeals and we remind you that
it’s wise on all our parts to be prepared in advance. There have been some changes, though, since
this started in 2004 and frankly none that would convince us that paying taxes
into Carmel
would be in our best interests.
Ugly Changes in Carmel since 2004 (the year they started
trying to force themselves on us via annexation)
·
Carmel debt increases every year for all of their pie-in-the sky
projects and citizens on the hook via Carmel
bonds. Don’t be confused. Homeowners are ultimately responsible;
·
They claim business will pay debt yet their commercial tax base
shrinks (look around at the shuttered businesses, empty buildings and vacating
retailers. That’s a commercial tax loss, folks.);
·
Carmel continues to keep their finances secret and operations anything but transparent;
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Carmel’s desire to destroy Home Place and
rezone for office buildings (remember Lauth and College Meadows? No buffer zone for those that weren’t
overrun. Your backyard = 10 story
bldg.);
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Irresponsible project
budget over runs (Can you say Palladium at $180 million? Keystone?)
·
Unmet promises for recently annexed areas – Jordan Woods and
Southwest Clay threaten suit
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If Carmel imposes higher property tax it forces
Landlords to raise rental rates.
Where We Stand Now: CCHP will file appropriate
documents with the court on or before June, 1, 2012 at which time the court
will set a new procedural schedule. We
are now in the process of fundraising for these forthcoming legal actions. Due to your support, we have kept Carmel out of Home Place. Good work!
Home Place appreciates your support and your
dedication to keep Home Place
free of Carmel. In simple terms, we have held Carmel at bay for nearly
seven years now, avoiding an average of
$250/year in tax increases by being annexed.
Multiply that since 2004 and we’ve effectively saved around $1,750 per
property value of $100,000. That,
plus we’ve avoided the wide array of boondoggle tax-payer funded Carmel projects are not on
our shoulders. You don’t have to be an economist to get it. Simply read the paper or watch the news. Carmel
is in trouble and thankfully, we’re free and clear. Let’s
keep it that way.
September 28, 2009 The
following information was disseminated to the residents of Home Place recently.
Earlier
this year we
were successful in getting Carmel
to agree to a 36-month suspension of their annexation efforts. Hon. Judge William Hughes signed the
stay. Contrary to Carmel’s claim that they suggested this
delay, it was a requirement CCHP insisted on before we would agree to their
second request for a temporary postponement.
So, we are very pleased to inform you of the following:
TO BRING YOU UP TO DATE:
This past Spring, Carmel's attorney said that he was involved in a case in Muncie and asked
to let our case lie dormant until the Muncie case was finished. The CCHP
core committee met and decided to offer Judge Hughes the continuance based on a
strict 3-year delay. Judge Hughes ratified our continuance upon Carmel agreeing to the
CCHP term stipulated.
WHERE WE STAND NOW: CCHP and Carmel
will file appropriate papers with the court on or before June 1, 2012 at which time the court may set a new procedural schedule. We are now in the process of fundraising for
these forthcoming legal actions. Due to your support, we have kept Carmel out of Home Place.
CCHP has
appreciated your support and your dedication to keep Home Place free of Carmel. In simple terms, we
have held Carmel
at bay for nearly six years now, saving an average of $250/year in tax
increases for no apparent gain by being annexed. Multiply that and we’ve effectively saved
around $1,500 per property value of $100,000.
That, friends and neighbors, is a big win. Keep in mind, also, that the wide array of boondoggle tax-payer funded Carmel projects are not
on our shoulders. It doesn’t take too
much investigation to realize these various building projects in Carmel will not meet their revenue expectations and the
likely outcome is that those shortfalls will eventually hit Carmel city residents via tax increases. We should thank our Home Place neighbors and residents that
supported this fight for they have protected us from this risk. If you see a CCHP supporter, give them your
thanks. It is deserved.
HOW CAN YOU HELP? We are asking for
monetary donations. If you would like to help defray expenses, please send a check made
payable to CCHP to P.O. Box 11,
Carmel, IN 46082-0011.
AND/OR
If you have suggestions in regard to
fundraisers that CCHP could host and you would attend, please let us know at
317-536-2922.
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September 29, 2009 A NOTE OF REMEMBRANCE: We are saddened to
announce that Edward Pipkin, an active supporter of CCHP even after leaving our
area, recently passed away unexpectedly.
Many may remember Ed for his resolute contributions although some of us
on the CCHP committee had a more personal relationship with Ed. Among many
things, he was the “Captain of the Kitchen” during our Orchard Park
Church fundraisers, in
charge of getting the food out while charming the volunteer Home Place cooks. No question, Ed was quite a character with
commitment to Home Place
he carried through the end of his life.
We certainly miss him and our hearts go out to Nelly, his ever devoted
widow. May Ed rest in peace.
May 20, 2009 The following
article appeared in The Indianapolis Star on May 16, 2009
Carmel delaying Home Place fight
over annexation
By Chris Sikich
Posted: May 16,
2009
CARMEL, Ind.
-- A three-year break in the five-year-olld battle over the annexation of Home Place will
give Carmel time to take over another area, Southwest Clay Township,
city leaders say.
Home Place residents see the delay as three more years to raise more money
for legal expenses.
Carmel has tried to
annex the 1.6-square-mile area around 106th Street and College Avenue since 2004. Home Place has
more than 2,200 homes with 5,000 adults.
Absorbing Home Place
into Carmel
would mean the city gets added tax dollars as it formally extends its services.
Home Place opponents say they already have adequate services.
On Friday, the city announced in a news release that Carmel officials and Home Place residents have asked a
Hamilton Superior Court judge to delay the annexation case until June 1, 2012.
Bryan Babb, an attorney for the city, said Carmel needs the next three years to begin
offering city services to southwest Clay residents. In 2007, the Indiana Supreme Court
ruled Carmel
could annex southwest Clay in 2010 under a deal it made with a majority of the
area's residents.
But, after three years, Carmel
again will turn its attention to a long-standing plan to incorporate the entire
township, with Home Place
as the final piece.
Babb said the city should annex Home
Place to better plan for the future.
"It's reasonable for anybody to understand. It's difficult and
challenging to plan when you have essentially an island in the middle of your
town."
Matt Milam, a leader of the Concerned Citizens for Home Place, said residents have spent
almost $75,000 in the fight to stay free of Carmel.
He said raising more money during the next three years, to eventually
continue the court battle, would be better than paying taxes to Carmel -- money
that could be spent on Mayor Jim Brainard's
expensive projects such as roundabout interchanges being built on Keystone
Parkway or the Performing Arts Center under construction.
"The mayor can't be trusted," Milam said. "He misled the
people about (the final price of) the Keystone job. . . . Who knows what other
money he might need to finish these projects he hasn't told the people
about."
The Indianapolis
Star reported Friday that Brainard wants to borrow $28 million to finish
various projects, a move that ultimately could cost the city $91 million. The
city, though, would not need to raise taxes to pay off that loan, say finance
professionals.
Brainard was out of the office Friday and did not respond to a message left
on his cell phone.
Home Place's annexation case has wound through the courts since 2005, when
Hamilton Superior Court 3 Judge William Hughes determined Carmel couldn't afford the annexation and
ruled in favor of Home Place.
An appellate court reversed that decision in October 2007, sending the case
back to Hughes' court.
Call Star
reporter Chris Sikich at (317) 444-5545.
September 20, 2008 We have good news and better news
for you. First, this is a brief synopsis of Carmel’s attempt to forcibly annex Home Place:
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07/02/04
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Carmel initiated a forced annexation
of Home Place.
The cost in property tax increases alone would have averaged $200 per year
per household.
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02/05/05
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Home
Place residents successfully remonstrated against the forced annexation (by
collecting signatures from 73% of the property owners in Home Place - the law requires only
65%).
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07/07/05
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The
case was heard in Superior Court, and Judge William Hughes ruled in our
favor, based solely on Carmel’s
evidence. He did not need to consider Home Place’s evidence.
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11/23/05
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Carmel appealed that decision.
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10/17/07
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Carmel won the appeal, and the
Appellate Court returned the case to Judge Hughes to now consider Home Place’s
evidence.
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01/12/09
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Judge
Hughes will hear oral arguments from Home Place and Carmel.
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THE
GOOD NEWS: By fighting this annexation, the property tax
savings to each household in Home
Place have averaged $800 since 2004. We have also kept Carmel from gaining the right of eminent
domain over Home Place. The Mayor of Carmel has said, on more than
one occasion, that Home Place is "blighted" and that he would use the
power of eminent domain to force property
owners to meet his standards. In
fact, Carmel
has a long range plan showing businesses where our houses now stand. They
can only achieve this through eminent domain.
Finally, by fighting the annexation, we have not had to assume the
responsibility for Carmel's
out-of-control and ever-growing bond debt.
THE
BETTER NEWS: We are now headed toward another
milestone. Indiana state law does not allow an
annexation to take place during the year before (2009) or the year of (2010) a
census. By fighting the annexation all
this time, the earliest we could be annexed would be 2011, if we lose. And, it is very possible that the Judge
will decide in our favor in January.
Whatever
the outcome, Judge Hughes' decision will probably be appealed by the losing
party, which could add an additional one to three years before final resolution
of this matter. Each year that Home Place is NOT
annexed will result in a substantial tax savings to each household.
Unlike
the City of Carmel,
Home Place
does not have taxpayer dollars to wage this fight. All of our expenses have been paid by the
people of Home Place,
with an average contribution of $100 per year per household.
As
we continue this fight, we continue to incur expenses. We need your financial support, so we will
not have to pay Carmel's higher property tax
rate, we will not have to assume Carmel's
growing bond debt, and we will not have Carmel's
Mayor and councilmen meddling in our property decisions. Please help.