HCAAN Press Release Regarding Annexation Lawsuit

HuntingtonDaily.com received the following press release today:

HCAAN FILES LAWSUIT AGAINST THE CITY OF HUNTINGTON

Huntington Citizens Against Annexation, Inc. (“HCAAN”) files suit against the City of Huntington for not following the rules.

Huntington Citizens Against Annexation, Inc. (“HCAAN”) a group formed to raise community awareness of the City’s annexation and eminent domain efforts and to voice their opposition to these efforts has filed suit against the City of Huntington in the Huntington Circuit Court and is requesting that the Court find the public hearing on the annexation ordinance, held on August 25, 2008, to be declared invalid and null. A copy of the lawsuit can be found at www.huntingtondaily.com. (EDITORS NOTE: The lawsuit can be read by downloading this PDF File)

Under Indiana Code §36-4-3-2.1(b), “all interested parties must have the opportunity to testify as to the proposed annexation.” HCAAN believes that Mayor Steve Updike, by his highly publicized actions and intimidating statements made during the course of the meeting, frustrated the public from being able to testify as to the annexation ordinance in direct violation of Indiana Code. In addition to requesting that the public hearing held on August 25, 2008 be declared invalid and null, HCAAN also requested from the Court that any further vote by the Huntington City Common Council on the annexation ordinance that occurs after August 25, 2008 be declared invalid and null until such time as there is a valid public hearing in which all interested parties have been given the opportunity to testify as to the proposed annexation as mandated by Indiana Code.

HCAAN has also learned that Mayor Updike, as a business practice, has been holding informal, private meetings with the Huntington City Common Council members. On Friday, September 19, 2008, Mayor Updike, along with City Attorney Mike Hartburg, City Clerk Christi Scher, and Umbaugh Financial Consultant Dave Carter, met with Council Members Jason Fields and Brooks Fetters from 11:00 a.m. to 1:00 p.m. The group met with Councilmen Joe Blomeke and Jack Slusser from 2:00 p.m. – 3:00 p.m., and the group met with Councilmen Steve McIntyre and Keith Eller From 3:00 p.m. – 3:30 p.m. All of these meetings appear to have been conducted to avoid having a majority present and thus avoiding the requirements of the Indiana Open Door Law. HCAAN believes that the public has a right to know what is happening during these meetings.

Further complicating matters is Friday’s breaking news, reported by the Huntington Herald-Press, in which local politicians alleged the possibility of a quid pro quo, involving the exchange of a vote to increase county taxes for a promise to modify the proposed annexation area.

At this time, HCAAN and the public have not been provided updated copies of the Fiscal Plan or the annexation ordinance, which have both been drastically changed from when they were originally presented. HCAAN is requesting that concerned citizens contact the Huntington City Common Council members to make known their concerns. HCAAN also urges that the public attend the special meeting being held at the City Building, Third Floor, on Thursday, September 25, 2008 at 7:00 P.M. During this meeting, the Huntington City Common Council will be voting on the adoption of the annexation ordinances.

13 responses to “HCAAN Press Release Regarding Annexation Lawsuit”

  1. Ah, Huntington. Ever wonder why this city will always be the armpit of Indiana? Its hillbilly politics like Zuk and Snyder. Nothing else to do but sit around a diner or a bar at 2pm and talk about what they would do if they were mayor but never step up to do anything…just complain and file silly lawsuits that continue to stump Huntington’s growth. Wouldn’t want to follow in the steps of cities like Fishers and Noblesville and grow up. Instead they want to be the small town in the movie Hoosiers. Want to know why none of us ever stay in this town? Move on to a place that wants to grow? Wants to do more than work for 9 bucks an hour? Its this crap. God forbid someone with vision like Updike to try to grow the city and make those who have been using city services for free actually PAY! I have to say I used to be proud of Huntington when I grew up, but after moving on and seeing how other successful cities work, Huntington citizens against annexation have so much to learn. I almost feel sorry for them, because they just don’t know. Good luck, Steve….I don’t envy you, but I do admire the heck out of you….and always will.

  2. Amen. Don’t look for a response here though. Dialogue is not what they’re interested in.

  3. I don’t think Snyder or Zuk have any association with HCAAN. If they are, though, from what I know they aren’t the driving forces behind it.

  4. Seth-I would think this whole anti-Updike cabal is working hand-in-hand even if its behind the scenes.

  5. Per Zuk and Snyder, we’re talking about a $177 dollar increase in tax to some who already have the services they have been getting for free and for those who don’t the services they should have in order to grow a city. No, I’m not in favor of raising taxes on a federal level b/c you generally don’t get to see where it actually goes and that when we’re talking thousands, not a hundred bucks. Local taxes, you get to see exactly where it goes and that’s the issue here. People don’t feel they will see $177 dollars in services. So when services are needed from fire/police, and the county team is working an accident on I-69 the local police should respond and then send a bill to this homeowner? How about that? I’m totally in favor of that…how outraged would you be at a nice senior woman calling the police b/c someone was outside her house and the local police have to respond. They do, soothe her feers and then send her a bill for $400 dollars for the cost of a response since the county may have been tied up. Just plain silly all this stuff.
    I think if you go back to any administration you’ll find some family members involved somewhere. I can’t say that I like it, but if they actually have a skill I’m fine with it. If there is clear nepotism, shout it from the rooftops and let the family member find a job in the real world like the rest of us.
    All for $177 dollars…..I suppose the Hardy boys(Z&S) have probably spent that in gas costs driving around trying to ante up support to knock this over. Time and money well spent gentlemen.
    The Hardy boys and HCAAN may have won, but at what cost? Finding balance is key. Give an honest, transparent view of government positions and make an assessment of what should get cut. Before you cut those people’s livelihood. Seek help from the community as to who might be able to hire them on. Cut a position in each group, fine, but add the Huntington touch, but phasing it out or helping the person find a new job/career. That’s honest work. Then as Huntington grows, maybe we bring that position back. There is a way to do this, without standing in the way of progress. Republicans, Democrats and Indies need to go to other cities in Indiana, like Westfield, Noblesville, and Fishers to see how this has worked for them. They all have annexed and it wasn’t pretty in the beginning, but wow, how things turn out ok.
    Huntington also needs to find a niche. I know the Wabash River is not the Ohio or the Gulf of Mexico, but how about making the banks of the Wabash an area where people want to go to…Restaurants, music, and the like. Not a parking lot close to the river, but on the river…is that money well spent to make walking or biking areas and stop for a cup of coffee or enjoy a drink on a balcony that overlooks the Wabash. Again, I know, its not the most beautiful river, but it is one and most cities capatalize on their waterways.
    Good luck Huntington, I wish you all well and remember your leaders really want what’s best for Huntington. Hard to see that in the moment sometime, but step back and look at Bob Kyle and Terry Abbett…even if you didn’t like them, you have to be able to look back and say they did try and did have their heart in the right place….and that’s to see Huntington succeed and prosper.

  6. In response to 21yrhuntingtonnative, you need to get your facts straight. First of all, the $177 tax increase that you refer to has nothing to do with the annexation. That amount is the average increase per person for the recently passed LOIT tax increase. As for tax increases, my taxes would have increased by 52% as figured by a councilman and the mayor’s administrative assistant if the annexation had passed.

    I keep hearing about all these city services that I am receiving and not paying for. Let’s take a look at these. Let’s start with sewer. About 11 years ago the residents in my area paid the construction costs to run the sewer line to our area (yes WE PAID for it) not because we wanted to but because we were forced to do it. How about water? Most residents of the area are on their own wells. However, city water lines have been run out our way. Why? Because the hospital and Crestview school wanted to locate here. They paid for the construction of the water lines. Oh, by the way, any County residents connected to water or sewer pay the same rates as everyone else in the city.

    Let’s continue with Police protection. We are protected by the Sheriff’s department and pay taxes for it. (By the way, I was told by the city police that they could NOT patrol in the county without a specific request from the Sheriff.)

    How about fire protection? I believe that fire protection is provided by the city but paid for by Huntington Township. Again paid for by our TOWNSHIP taxes.

    Road maintenance-provided by the COUNTY HIGHWAY DEPT.
    Garbage pick up-provided by independent contractors which we pay.
    Library service-Last time I looked it was the Huntington City-TOWNSHIP Public Library. This means township taxes again.

    So, 21yrhuntingtonnative, tell me what services are we getting for free? WE ARE PAYING OUR FAIR SHARE.

  7. I concede to only reading all the information available on this site and h-ponline and it not happening directly to me. However, could you explain the 52% increase to me and how much of a dollar increase that will be on your taxes? Thanks.

  8. Don’t look for a response to that one. But, I’ll help. Comparing my property taxes to a comparable property in the formerly proposed annexation area:

    Mine now-$682.92, in the city.

    Theirs now-$570.68, not in the city.

    That is probably the magnitude of increase we’re talking about across the board.

  9. In response to 21yrhuntingtonnative and jrwskw, especially the latter–

    If the annexation had been approved, my taxes would have gone up $500-$600. I do not own a fancy house. I bought it 36 years ago for under $15000. I have worked hard to improve it and make it better and more comfortable. I believe I pay too much in taxes now. (Sounds to me like your house might be under-valued by the assessor. Maybe they should take another look at your taxes to see if you are paying your fair share.) If you agree to pay an additional $500-$600 and not receive any benefits for it, then I might be more inclined to see the city’s point of view.

  10. Source of your information, countyresident?

  11. Are we talking about acres? or Tenths of acres? The annexed area has both. It has traditional home plots that are 0.1 ac and farm properties that are 10-50 ac. I think it makes a difference when we are talking about the tax burden placed on individuals.

    I’m not sure what jrwskw has against people not wanting to pay higher taxes and receive nothing for it.

    Lets look at the property cards of what jrwskw is citing. It public information.

  12. stealth-Anyone spouting the $500-$600 lie doesn’t realize its public information. Thats where I got it, from the Huntington County information on the Beacon site. Anyone can go there and compare and discover the truth. I guess its a moot point now since the Mayor caved to these folks.

  13. Again, jrwskw, what properties are you citing? You say you compared properties. Lets see them.

    The previous poster cited that a councilman and Pam Updike indicated property taxes in this area would go up 52%. Which would mean $500-600 for most of the residents of this area.

    You haven’t cited anything. And you’re information is public record. Lets see it. Or we will just go with our previous assumption that you are ignorate of the situation.

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