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Taylor Springs Annexation Challenge Denied

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Posted: Monday, October 1, 2012 12:01 am

Legal action by the village of Taylor Springs seeking to challenge annexations by the City of Hillsboro was denied in Montgomery County Circuit Court last week.

On Tuesday, Sept. 25, Judge Ericka Sanders issued an order denying a "petition for leave to file a quo warranto complaint" filed by Taylor Springs on Aug. 22.

The quo warranto complaint would have challenged the city of Hillsboro's authority to annex five acres of Wright Automotive property where the new body shop is under construction, claiming previous annexations of continguous property were done improperly.

"The pinnacle issue that this court must decide is whether (Taylor Springs) possesses a personal interest, distinct from an interest of the general public, which has been invaded by (Hillsboro's) annexation," Judge Sanders wrote in her opinion.  "If the interest is purely public in nature, only the Attorney General or the State's Attorney has the authority to file a quo warranto action."

She concludes, "The village of Taylor Springs has failed to demonstrate that its interests are anything but public in nature.  As such, it cannot proceed as a private citizen."

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