We hold that the City of Valparaiso has illegally attempted to involuntarily annex the Prairie Ridge subdivision by using Waivers of the Right to Remonstrate that are not legally effective.
Prairie Ridge has only one valid Waiver and it was signed in December 2004 by Valpo-Sturdy Road LLC and by Valparaiso Mayor Jon Costas. The 2004 Waiver covered all 30 acres of Prairie Ridge, was referenced in countless City and County meeting minutes and engineering studies and by operation of Indiana Code expired in December 2019.
The City of Valparaiso is attempting to use “secondary waivers” which were obtained during the construction of each home. However, State and City code do not permit waivers to be obtained in this matter. Additionally, officials for Valparaiso have said on record and via electronic mail that there is no reason for a second waiver to be obtained for a property. Waivers, once legally executed, “run with the land” regardless of subdivision, reassignment, transfer or any other case. They cover the legal definition of an area of land in perpuity. The City of Valparaiso has no legal reason to have collected the “secondary waivers”. Furthermore, these secondary waivers are not legally effective because they were signed by individuals who had no ownership interest in the property. Waivers may only be signed by a person or persons who own the property. The City blindly accepted signatures on these “secondary waivers”, which is not permitted by Indiana nor City law.
Our lawsuit has been in the court system since March 2022. For a majority of it’s existence the City of Valparaiso has been trying to get this case dismissed and has not discussed the merits of our complaint. After being denied by both the Appellate and Supreme Courts in Indiana, the case is now back at Porter County Superior court to be heard starting March, 2025.
No PR Valpo Annex LLC is defending the residents of Prairie Ridge against an illegal involuntary annexation. We will continue to fight for our rights as property owners against intimidation from a municipality who is doing everything they can to avoid having to defend their illegal and unethical practices.
For a detailed chronological timeline of events please review the Annexation Timeline.