HomeMy WebLinkAbout2000-R-30 RESOLUTION NO. 2000 R - 30
A RESOLUTION ADOPTING A WRITTEN FISCAL
PLAN ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN ANNEXATION AREA 7
WHEREAS, the City of Jeffersonville desires to annex an area contiguous and adjacent to the
corporate limits of the City of Jeffersonville, more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference; and
WHEREAS, state law requires adoption of a fiscal plan and a definite policy for the provision of
services to annexed areas; and
WHEREAS, such plan entitled "Fiscal Plan for Annexation Area 7" is attached as Exhibit "B" and
incorporated herein by reference; and;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JEFFERSONVlLLE, CLARK COUNTY, INDIANA, THAT:
The Common Council of the City of Jeffersonville, Clark County, Indiana, hereby
approves and adopts the "Fiscal Plan for Annexation Area 7", which Plan is attached
hereto and made a part hereof as Exhibit "B", and hereby approves and adopts the
specific policies for implementation of the Plan as set out therein;
Any monies necessary for the provision of services as described and itemized in the
attached Plan shall be budgeted and appropriated from the applicable fund, pursuant to
state law and the City's budget procedure;
Passed and adopted by the Common Council of the City o.f Jeffersonville, Clark County, State
of Indiana, on this "~ dayof~o-(::~/'~C'~om~a.~ ~~ O~" sR. G000' ~¢-~g
ATTEST:
Peggy W1¥d~r, Clerk-Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this
day of ~,c~J:~L- , 2000.
Peggy'dV'~der
Clerk and Treasurer
Approved and signed by me this
Aug-02-00 03:57P Jacobi Toomb~ L~ 8~2 2~8 6656 P.01
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CITY of JEFFERSONVILLE, INDIANA ANNEX AREA 7
27. 2000 JACO 1NC. Job. No.9802
Aug-02-00 03:58P Jacobi. Toom6~ L~h~ 812 288 6656 P.02
July 27:2000
DESCRIPTION OF ANNEXATION AREA 7
Being a part of Surveys No. 17, 22, 23, 25, 26, 27, 35, 36, 37, 38, 39, 40, 41, 51, 52, 53, 54
and 71 of the Illinois Grant in/Ieffersonville and Utica Townships, in Clark County, Indiana, and
described as follows: /
Commencing at a point in the City of Jeffersonville's existing Corporate Bo~dary line, said point
being the intersection of the westerly right-of-way line of State Road 62 and the northeasterly
right-of-way line of Utica-Sellersburg Road, thence the folIowing courses:
Northwesterly 1,180 feet, more or less, with said existing Corporate Boundary line, leaving said
State Road 62, along said city boundary and the northeasterly right-of-way line of Utica-
Sellersburg Road.;
Southwesterly 50 feet, more or"less, with said existing Corporate Boundary line, leaving said
northeasterly right-of-way running to the southwesterly right-of-way line of Utica-
Sellersburg Road;
Southeasterly 400 feet, more or less, with said existing Corporate Boundary line, along said
southwesterly right-of-way;
South 41 deg. 15 min. 18 sec. West, 391.96 feet, more or less, with said existing Corporate
Boundary line;
South 48: deg. 44 min. 42 sec. East, 150.00 feet, more or less, with said existing Corporate
Boundary line;
South 41 deg. 15 min. 18 sec, West, 863.03 feet, more or less, with said existing Corporate
Boundary line, to the line of the CSX Railroad;
Northwesterly 487.60 feet, more or less, with said existing Corporate Boundary line, with said
CSX line on a curve to the left, having a radius of 598.30 whose chord bears North 89
deg. 35 min. 56 sec. West 474.22 feet, more or less;
South 41 deg. 14 min. I1 sec. West, 1,278.77 feet, more or less, with said existing Corporate
Boundary line, leaving said CSX Line, to the line dividing Surveys No. 35 and 36 of the
Illinois Grant;
South 38 deg. 30 min. 00 sec. East, 1,535.40 feet, more or less, with said existing Corporate
Boundary line, along said dividing line;
South 19 deg. 58 min. 54 ~ec. West, 208.46 feet, more or less, with said existing Corporate
Boundary line;
Southwesterly 150 feet, more or less, with said existing Corporate Boundary line;
Southeasterly 1,370 feet, more or less, with said existing Corporate Boundary kine, to the
northwesterly right-of-way line or State Road 62; ·
.Aug-02-O0 04:00P Jacobi Toombs [~ 812 288 6656 P.06
ANNEX AREA NO. 7
CITY OF JEFFERSONVILLE, INDIANA
Total Length of Boundary
Contiguous Boundary
: 110,888.85 feet
= 15,782.85 feet
15,782.85 + 1i0,888.85 = 14.23%
Area is approximately 5,077.13 acres
.Apg-02-00 04:00P Jacobi ToombS Lb~Z 812 288 6656 P.05
4
Southeasterly, 4,200 feet, more or less, with said center of Jenny Lind Run Creek, which is also
said line dividing Utica and Charlestown Townships to the northeast corner of Utica
Township, which is also the southeast corner of Charlestown Township, said comer being
on the line dividing the States of Indiana and Kentuck~r at the Ohio River, and also the
Military Reservation boundary;
Southwardly, 2,700 feet, more or less, with said line dividing the Stales of Indiana and Kentucky,
the easterly lines of Survey No. 41 and the Military Reservation boundary to the centerline
of Little Battle Creek. Thence leaving said line:
Northeastwardly 2,000 feet, more or less, along said Little Battle Creek to a drain on the
southerly side of said Little Battle Creek; /'
Northwestwardly 3,800 feet, more or less, leaving said Little Battle Creek al6ng said drain to the
top of River Ridge; /
Southwesterly 1,000 feet, more or less, along said Ridge to a roadway;
NorthweStwardly 150 feet, more or less, along said road to the intersection of a dead end road
running south.westwardly along said River Ridge;
Southwesterly 5,700 feet, more or less, along said dead end road to the end:
Southwesterly 750.00 feet, more or less, leaving said Ridge roadway, to the intersection of
Collector Wells Road and Waterline Road;
Westwardly 2,000 feet, more or less, along said Utica Pike right-of-way to the Indiana Gas Co.
high pressure gas main coming out of Kentucky and crossing the Ohio River;
Northwestwardly 1,200 feet, more or less, leaving said Utica Pike right-of-way along said gas
line, to the perimeter fence of said Army Ammunition Plant;
Northeastwardly 20,300 feet, more or less, leaving said gas line, along said perimeter to the
southeasterly right-of-way line of State Road 62;
Northeastwardly 150 feet, more or less, leaving said perimeter fence and crossing said State Road
62 to the northwesterly right-of-way line of State Road 62;
Northwest~vardly 2,700 feet, more or less, along said State Road 62 right-of-way to the True Place
of Beginning.
.Apg-02-00 03:59P Jacobi Toomb~ L~ 812 288 6656 P.04
Northeastwardly 672 feet, more or less, along said railway right-of-way to the northeasterly
comer of a tract conveyed to Holloway and Sons Construction Co., Inc. at Deed Drawer
16, Instrument 12536;
Southwardly 512 feet, more or less, leaving said railway right-tf-way, along said Holldway tracts
. easterly line to the southeasterly right-of-way line of Shungate Road;
Northeastwardly 2,400 feet, more or less, leaving said Holloway line along said Shungate Road
right-of-way;
Southeastwardly 400 feet, more or less, leaving said Shungate Road right-of-way crossing State
Road 62 to the southeasterly right-of-way line of said State Road 62, which is also the
northwesterly line of the U. S. Military Reservation, Indiana Army ~Ammunition Plant;
Northeastwardly, 16,300 feet, more or less, with said soutkeasterly right~,tf-way line of State
Road 62 and said northwesterly line of said Army Ammunition Plant to a point in the line
dividing Surveys No. 71 and 72 of the Illinois Grant, said point being also on the line
dividing Utica and Charlestown Townships;
Southeasterly, 1,250 feet, more or less, with said line dividing Surveys No. 71 and 72 and said
line dividing Utica and Charlestown Townships to the east comer of Survey No. 71, which
is also the sOUth corner of Survey No. 72, all of the Illinois Grant;
Southwesterly, 250 feet, more or. less, with the line dividing Surveys No. 71 and 54 and said line
dividing Utica and Charltstown Townships to the west comer of Survey No. 54, which is
also the north comer of Survey No. 53;
Southeasterly, 2,100 feet, more or less, with the line dividing Surveys No. 53 and 54 and said line
dividing Utica and Charlestown Townships to a township comer;
Northeastwardly, 1,500 feet, more or less, with said line dividing Utica and Charlestown
Townships, in Survey No. 54 of the Illinois Grant to a Township comer;
Southeasterly, 3,250 feet, more or less, with said line dividing Utica and Charlestown Townships
inSurvey No. 54 to the line dividing said Survey No. 54 and Survey No. 40 of the Illinois
G/ant to a Township corner;
Northeastwardly, 1,500 feet, more or less, with said line dividing Surveys No. 54 and No. 40 of
the Illinois Grant and said line dividing Utica and Charlestown Townships to a Township
corner;
Northwestwardly, 1,200.00 feet, more or less, with said line dividing Utica and Charlestown
Townships in said Survey No. 54 of the Illinois Grant to a township comer;
Northwardly, 200 feet, more or less, with said line dividing Utica and Charlestown Townships
in Survey No. 54;
Northeastwardly, 1,400 feet, more or less, with said line dividing Utica and Charlestown
Townships in Survey No. 54 to a township comer;
Southeasterly, 1,500 feet, more or less, with said line dividing Utica and Charlestown Townships
in Survey No. 54, to a Township comer;
Northeastwardly, 2,730 feet, more or less, with the line dividing Surveys No. 55 and No. 41 of
the Illinois Grant and said line dividing Utica and Charlestown Townships to a township
comer in the center of Jenny Lind Run Creek;
.A~g-02-00 03:58P Jacobi Toombs L~ 812 288 6656 P.03
2
Southwesterly 680 feet, more or less, with said existing Corporate Boundary line;
Southwesterly 2,410 feet, more or less, along said northwesterly ~:ight-of-way line and existing
Corporate Boundary line;passing SellersCourtand Candy Lane to a point in the Corporate
Boundary line of Jeffersonville, Indiana.
North 40. deg. West, 1,512.26~feet, more or less, with said existing Corporate Boundary line;
North 40 deg. East, 25 feet, more or less, with said existing Corporate Boundary line;
North 21 deg. 20 rain: East, 820.05 feet, more or less, with said existing Corporate Boundary
line, to the line dividing Surveys No. 22 and No. 23;
North 40 deg., West 517.43 feet, more or less, along said dividing line being also said City
boundary to the southeasterly line of Survey No.
35;1
South 50 deg., West 192.89 feet, more or less, with said .existing Corpor;~ie Boundary line,
leaving the line dividing Surveys No. 22 and 23, along the southeasterly line of said
Survey No. 35 to the southeasterly right-of-way line of CSX Railroad;
South 21.deg. 20 min., West 1,560 feet, more or less, with said existing Corporate Boundary, line,
leaving said southeasterly line of Survey No. 35 along said railroad right-of-way to the
intersection of said railroad right-of-way and the southwesterly line of Landsberg Cove
Subdivision section Four, recorded at Plat Book II, Page 54, if extended across railroad
right-of-way;
North 33 deg. 02 min. 34 sec., West 72.07 feet, more or less, leaving said railroad southeasterly
right-of-way and said City boundary, rurming to the southern most corner of Landsberg
Cove Section Four;
North 33 deg. 02 min. 34 sec., West 754.23 feet, more or less, along said Landsberg Cove
southwesterly line, to the southeasterly line of Landsberg Cove Section Two, recorded at
'Plat Book 10, Page 83:
South 55 deg. 4I min. 52 sec., West 380.00 feet, more or less, leaving said Section Four, along
said line of Section Two, to the southeast comer of Landsberg Cove Section One,
Recorded at Plat Book 10, Page 82;
South 55 deg. 41 min. 52 sec., West 586.23 feet, more or less, leaving said Section 2, along said
Section One to the southern most corner of said Section One;
South 34 deg. 49 min. 27 sec., East 11.03 feet, more or less, leaving said Section One, along the
northerly lines of the remaining land conveyed to Schmitt Development, Inc., recorded at
Deed Drawer 25, Instrument 15400;
South 56 deg. 25 min. 23 sec., West 581.45 feet, more or less, along said Schmitt line;
North 70 deg. 58 min. 40 sec., West 256.99 feet, more or less, along said Schmitt line to the
southeasterly right-of-way line of Jeffersonville-Charlestown Pike;
Northeastwardly 6,600 feet, more or less, leaving said Schmitt line along said right-of-way line,
to the southwesterly right-of-way line of the Southern Indiana Railway;
Southeasterly and northeasterly 2,050 feet, more or less, leaving said Pike's right-of-way line
along said railway right-of-way line to the centerline of Utica-Sellersburg Road;
/Ebe/Eot n o[ Iti a
· Iti a, nl)iana
Honorable Thomas Galligan, Mayor
City of Jeffersonville
City -County Building
Jeffersonville, Indiana 47130
Les Merkley
538 E. Court Ave.
Jeffersonville, Indiana 47130
Rob Waiz
300 E. Court Ave.
Jeffersonville, Indiana 47130
Ron Grooms
Hanger's Pharmacy
Medical Tower
Jeffersonville, Indiana 47130
Honorable Ron Ellis, President
City of Jeffersonville
City County Building
Jeffersonville, Indiana 47130
Barbara Wilson
City County Building
Jeffersonville, Indiana 47130
Dennis Frantz
401 Merryman Dr.
Jeffersonville, Indiana 47130
Veronica Conlin
New Hope Agency
200 Wall St.
Jeffersonville, Indiana 47130
Re: Annexation of Utica Township
Dear Mayor Galligan and Council:
Thank you for joining us in our effort to enter into a compromise agreement with the
City of Charlestown. We greatly appreciate Jeffersonville's willingness to extend an
"olive branch" in an effort to protect the integrity of Utica's boundaries. Unfortunately,
the City of Charlestown has refused to consider our request to forgo annexation of
Utica Township.
In light of Charlestown's refusal to leave Utica Township out of its annexation plans, it
has become apparent to the members of the Utica Town Board that we must do
something to protect ourselves from Charlestown's self imposed domination. Hence,
we are formally requesting that the Jeffersonville City Council take those efforts
necessary to annex those portions of Utica Township which are contiguous to the City
of Jeffersonville.
In exchange, we would request that the City of Jeffersonville and its council provide
Utica with a resolution permitting the Town to annex those portions of Utica Township
which have been previously delineated in our "Utica Land Use Fiscal Plan" which was
prepared by The Corradino Group. A copy of this map has been attached to this
correspondence.
It is unfortunate that Charlestown has forced us to make this request, but upon
considering our options it seems that the only way that we can protect ourselves from
the avarice and greed of the Mayor of Charlestown is to call upon the largest city in the ·
county as an ally in what surely will be a horrendous legal showdown.
As you may know, the Town of Utica does not have a sufficient budget to pay the tens
of thousands of dollars which an annexation battle will likely cost in attorney fees,
consulting fees and other expenses. Charlestown on the other hand has recently
received several million dollars from the sale of the community hospital. It is clear that
the mayor is committed to spending these monies on legal fees, consulting fees and
any other fees required to advance his land grab scheme. On the other hand,
Jeffersonville has a full-time attorney who is paid a salary to protect its legal interest.
Hence, with Jeffersonville's assistance we feel that we can protect ourselves in the
legal arena.
Utica lost its river front property in the 1960's in a lawsuit because the Town could not
afford to mount a legal fight. We do not want to lose our natural growth boundaries for
that same reason. Hence, we need your help drastically.
Again, thank you for your willingness to make the offer of compromise. Aisc, we thank
this council, this mayor, and Mayor Parker, Mayor Orem and Mayor Vissing before you,
for Jeffersonville's assistance to Utica. Jeffersonville has provided our sanitary sewers,
Flood Assistance, administered our block grants and generally has came through each
time we have called upon it for help. Today, we are facing a very bleak situation which
calls, once again, for the help of our neighbors to the west, Jeffersonville.
Sincerely,
Glenn Murphy, ~r. ~¢~, ~.¢r
ECEIVED
NOV 2001
IN THE CIRCUIT COURT FOR CLARK COUNT~I~r..~.7. J-.'' ....
STATE OF INDIANA
RONALD JACKSON,
Plaintiff
VS.
CITY OF JEFFERSONVILLE, et al.,
Defendants
CAUSE NO. 10C01-0101-CP-011
ORDER ON ANNEXATION
( With Findings of Fact and Conclusions of Law)
This case came before the Court on October 4, 2001 for a hearing on the Plaintiff's
Remonstrance Against the City of Jeffersonville On Ordinance To Annex Area Seven (7) which was
fried on January 8, 2001 and for a hearing on the Plaintiff's Motion For Default Judgment which was
filed on March 28, 2001.
The Plaintiff appeared in person and by counsel, Gordon D. Ingle, and the Defendants
appeared by counsel, Anne Made Galligan. At the conclusion of the headng, the Court took its
findings under advisement pending submission of parties' proposed findings of fact and conclusions
of law.
And the Court, having considered the evidence presented and the parties' submissions, and
being otherwise sufficiently advised, now enters the following findings of fact and conclusions of law.
1
Findings of Fact
1. The City of Jeffersonville is a third class city duly organized and existing under the laws
of the State of Indiana.
2. At all times relevant, the Defendant, Thomas Galligan, was the duly elected Mayor of the
City of Jeffersonville.
3. At all times relevant, the Defendants Ronald Ellis, Leslie Merkley, Ronald Grooms, Vicki
Conlin, Rob Waiz, Barbara Wilson, and Dennis Frantz were duly elected members of the Common
Council of the City of Jeffersonville.
4. On August 7, 2000, the Mayor of Jeffersonville proposed and tile Common Council for
the City of Jeffersonville adopted Resolution No. 2000-R-30 which was entitled A Resolution
Adopting a Written Fiscal Plan Establishing Policy for Service to Annexation Area 7 and Ordinance
No. 2000-OR-46 which was ehtitled An Ordinance Annexing of Territory (Annexation of
Area 7).
5. All hearings and publications of the Resolution and Ordinance took place as required by
law and the City of Jeffersonville and the Common Council adopted Ordinance No. 2000-OR-46 on
November 9, 2000.
6. The PlaintS, Ronald Jackson contends that the annexation should not take place because
the territory sought to be annexed is not contiguous to the annexing municipality as required by
Indiana Code 36-4-3-1.5 and Indiana Code 36,4-3-13.
7. The Plaintiff'does not own land within the annexed territory but does live within one-half
mile of the annexed territory and, therefore, brings this action under the provisions of Indiana Code
36-4-3-15.5.
2
8. On March 26, 2001, the Court determined that the Plaimiff's Complaint was sufficient
based upon the Defendants' stipulation and set the matter for hearing on May 21, 2001.
9. There is no proof of service of notice of the proceedings on the Defendants after the
sufficiency determination by the Court.
10. On April 23, 2001, the Defendants filed their Answer to the remonstrance action
11. The length of the total boundary of Annexation Area 7 is 110,888.85 feet.
12. The length ofthe total boundary of 3~nnexation Area 7 that is contiguous to the existing
boundary of the City of Jeffersonville is 15,782.85 feet.
13. 14.23 % of the total boundary of Annexation Area 7 is contiguous to the City of
Jeffersonville.
14. The fraction one-eighth (1/8) equals 12.5 %.
15. Annexation Area 7 consists of 5,007.13 acres and contains approximately 610 residents
resulting in a population density of one (1) person for every 8.2 acres.
16. Annexation Area 7 is zoned primarily residential and is not sixty percent (60%)
subdivided.
Conclusions of Law
1. This Court has jurisdiction over the parties and the subject matter of this action.
Motion For Default Judgment
2. Indiana Code 36-4-3-15.5(b) provides, in part, as follows:
"Upon a determination of the court that the complaint is sufficient,
the judge shall fix a time for a hearing to be hem not later than
sixty (60) days after the determination. Notice of the proceedings
shall be served by summons upon the proper officers of the annexing
. municipality. The municipality shall become a defendant in the
cause and be required to appear and answer...."
3
3. Notice of the proceedings was not served upon the proper officers of the City of
Jeffersonville after the sufficiency determination when the City of Jeffersonville became a defendant
and was required to appear and answer the complaint.
4. Plaintiff's Motion For Default Judgment for a failure of the City of Jeffersonville to timely
answer the complaint should be denied.
Annexation Appeal
. 5. A municipal annexation under Indiana Code 36-4-3 may be appealed by owners of land
who fall under two categories. Indiana Code 36-4-3-11 provides for those persons who own land
within the annexed area: And Indiana Code 36-4-3-15.5 provides for tho~e who own land within
one-half ( 1/2) mile of the annexed area.
6. In order for a municipality to prevail in an annexation challenged by the owners of land in
the annexed area, the specific reqmrements set forth under Indiana Code 36-4-3-13 must be satisfied.
7. The legislature did not impose such specific requirements upon a municipality in order to
prevail in a challenge by an owner of land within one-half(I/2) mile of the annexed area. The only
requirement is one of contiguity as set forth under Indiana Code 36-4-3-15.5(b):
"...If the ev~tence establishes that the territory sought to be annexed
is eontlg#ons to the annexing municipality, the court shall deny the
appeal and dismiss the proceedings .... "(emphasis added)
8. Indiana Code 36-4-3-1.5 sets forth the requirement for a determination of whether a
territory is "contiguous" to a municipality and therefore proper for consideration of annexation:
"For purposes of this chapter, territory sought to be annexed may
be considered "contiguous" only if at least one-eighth (1/8) of the
aggregate external boundaries of the territory coincides with the
boundaries of the annexing municipality."
9. 14.23 % of the aggregate external boundaries of Annexation Area 7 coincide with the
boundaries of the City of Jeffersonville and, therefore, the requirement of contiguity is satisfied.
I0. The Plaintiff's appeal sho~dd be denied and these proceedings should be dismissed.
IT IS, TItEREFORE, ORDERED, ADJUDGED AND DECREED BY ~ COURT
that the Plaintiff's Motion For Default Judgment and Plaintiff's appeal of the annexation of
Annexation Area 7 should be and the same are hereby deny and this action is hereby dismissed.
SO ORDERED THIS 5m DAY OF NOVEMB~1' ~ ]~
Daniel F. Donghue, Judge
Clark Circuit Court
Copies To:
Gordon D. Ingle
Attorney for Plaintiff
Anne Made Galligan
Attorney for Defendants
Brian Bishop
Clerk
CLERK
SUPI~E)IE COURT~ COURT OF APPEALS~ AND TAX COURT
STATE OF INDIANA
217 STATE HOUSE, INDIA~NAPOLI$~ 1~' 46204
317~232-1930 * FAX 317-232-8365
ANNE MARIE GALLIGAN
CITY-COUNTY BLDG,, 4TH FL
501 EAST COURT AVE.
JEFFERSONVILLE, IN 47130
Couse Number
10A01-0112-CV-00456
Lower Court Number:
10C010101CPll
Fax Number: 812-285-6468
JACKSON, RONALD -V- CITY OF JEFFERSONVILLE, ET AL.
You are hereby nofifiedthat~he SUPREME COURT nas onm,sday 11/21/02
THIS MATTER HAS COME BEFORE THE INDIANA SUPREME COURT ON A
PETITION TO TRANSFER JURISDICTION FOLLOWING THE ISSUANCE OF A
DECISION BY THE COURT OF APPEALS. THE PETITION WAS FILED
PURSUANT TO APPELLATE RULE 57. THE COURT HAS REVIEWED THE
DECISION OF THE COURT OF APPEALS. ANY RECORD ON APPEAL THAT
WAS SUBMITTED HAS BEEN MADE AVAILABLE TO THE COURT FOR REVIEW,
ALONG WITH ANY AND ALL BRIEFS THAT MAY HAVE BEEN FILED IN THE
COURT OF APPEALS AND ALL THE MATERIALS FILED IN CONNECTION WITH
THE REQUEST TO TRANSFER JURISDICTION. EACH PARTICIPATING MEMBER
OF THE COURT HAS VOTED ON THE PETITION. EACH PARTICIPATING
MEMBER HAS HAD THE OPPORTUNITY TO VOICE THAT JUSTICE'S VIEWS ON
THE CASE IN CONFERENCE WITH THE OTHER JUSTICES.
BEING DULY ADVISED, THE COURT NOW DENIES THE APPELLANT'S
PETITION TO TRANSFER OF JURISDICTION.
RANDALL T. SHEPARD, CHIEF JUSTICE
ALL JUSTICES CONCUR. KM
r
WITNESS my name and the sea} of said Court,
this 21sTday of NOVEMBER, 2002
Clerk Supreme Court, C d Tax Court