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Carl Littk-ell - Mark A. Weaver--Disannexation Petition <br />From: Aladean DeRose <br />To: Gary Gilot; Thomas Bodnar <br />Date: 1 /2/02 11:39AM <br />Subject: Mark A. Weaver--Disannexation Petition <br />Because city annexations are one of my areas of supervision, Tom Bodnar and I agreed that I would <br />represent the City's interest in Mr. Weaver's disannexation petition scheduled for the Board of Works <br />regular meeting on January 28, 2002. 1 will also draft the appropriate Order for the Board. in fact, <br />because this disannexation petition has been anticipated for awhile, and because I understand that this <br />particular disannexation is actually in the City's best interest, I have drafted a proposed order approving <br />the petition which I will send to you separately later. <br />However, I have a technical question or two. Does this disannexation property contain at least "one entire <br />block if platted" or at least one acre if not platted (I assume it is not platted)? The statute which provides <br />for a disannexation petition (IC 36-4-3-17)appears to contain minimum property requirements. Secondly, <br />if the property meets the quanitity test, I believe that Mr_ weavers co-owner (whom t presume is his wifa. <br />Debra E. Weaver) should join the petition to satisfy the 51% ownership test. She could probably Fite <br />something separately entitled Joinder in Disannexation Petition or something to that effect. <br />As for standards that might be applied hereafter, because there appears to be no case law precedent, I <br />think the best thing is to simply include all facts in the Order of Disannexation which show that this is a <br />unique, unusual situation so that it cannot be used as future precedent for disgruntled annexed property <br />owners. <br />CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use <br />of the intended recipient. If you are not the intended recipient, please do not read, distribute or take <br />action in reliance upon this message. If you have received this in error, please notify us immediately by <br />return email and promptly delete this message and its attachments from your computer system. We do not <br />waive attorney -client or work product privilege by the transmission of this message. <br />CC: Carl Littrell; Charles Leone <br />