STATE OF INDIANA) IN THE DELAWARE CIRCUIT COURT 4

)SS:
COUNTY OF DELAWARE ) CAUSE NO. 18C04-0802-PL-11
CAUSE NO. 18C04-0802-PL-12
IN THE MATTER OF THE
ANNEXATION PROPOSED BY
ORDINANCE NUMBERS 11-07 AND 12-07
BEING AN ORDINANCE TO
ANNEX CERTAIN TERRITORY
TO THE CITY OF MUNCIE, INDIANA
(BREWINGTON WOODS ANNEXATION
AND HALTEMAN SECTION I ANNEXATION)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Comes now the City of Muncie and the Remonstrators, by counsel, and submit evidence

to the Court with respect to the annexation remonstrance in the above captioned matter.

And the Court having considered said evidence makes the following findings of fact:

1. The City of Muncie (hereinafter “Muncie”) is a municipality as defined in I.C. 36-

1-2-11.

2. Muncie retained HNTB Corporation to prepare fiscal plans for the in the

Brewington Woods Addition (“Brewington Woods”) and Halteman Village Section I (“Halteman

I”) neighborhoods in early 2007.

3. HNTB proposed that Muncie annex Brewington Woods and Halteman I into the

corporate boundaries of the City.

4. The legal description for the Brewington Woods annexation area is a follows:

A part of the Southwest Quarter of Section 29, Township 21 North, Range 10

East, Delaware County, Indiana described as follows:

Beginning on the corporate boundary of the City of Muncie at the southwest

corner of the Southwest Quarter of said section, which corner is also the
southwest corner of Brewington Woods Addition, the plat of which is recorded in
Plat Book 6, page 24, in the Office of the Recorder of said county; thence
Northerly 1227.50 feet along the west line of said section and said addition to the
northwest corner of said Brewington Woods Addition and the centerline of Moore
Road; thence Easterly 900 feet along the north line of said addition and said
centerline to the northeast corner of said addition and the northwest corner of a
0.586-acre tract of land described in Deed Record 2003, 03964; thence Easterly
130 feet along the north line of said 0.586-acre tract and said centerline to the
northeast corner of said 0.586-acre tract and the northwest corner of a 1.27-acre
tract of land described in Deed Record 2004, 04441; thence Easterly 295.75 feet
along the north line of said 1.27-acre tract and said centerline to the northeast
corner of said 1.27-acre tract and the northwest corner of a 0.18-acre tract of land
described in Deed Record 1981, 2233; thence Easterly 40.00 feet along the north
line of said 0.18-acre tract and said centerline to the northeast corner of said 0.18
acre tract and the northwest corner of a 0.303-acre tract of land described in Deed
Record 1978, 3904; thence Easterly 80.01 feet along the north line of said 0.303-
acre tract and said centerline to the northeast corner of said 0.303-acre tract and
the northwest corner of Halteman Village Section “I”, the plat of which is
recorded in Plat Book 12, page 23 and 24; thence South 2 degrees 11 minutes 07
minutes West 90.01 feet along a north line of said Halteman Village Section “I”;
thence South 2 degrees 11 minutes West 1000.54 feet along the west line of
Halteman Village Section “I” to the southwest corner of said Halteman Village
Section “I” on the south line of the Southwest Quarter of said section and said
corporate boundary and the southeast corner of a 3.572-acre tract of land
described in Deed Book 387, page 159 and 160; thence West 200 feet along the
south line of said quarter section and along the south line of said tract and said
corporate boundary to the southwest corner of said 3.572-acre tract and the
southeast corner of a 0.537-acre tract of land described in Deed Record 1998,
5492; thence West 156 feet along the south line of said Southwest Quarter of said
section and said corporate boundary to the southwest corner of said 0.537-acre
tract and the southeast corner of a 0.534-acre tract of land described in Deed
Record 1991, 6178; thence West 155 feet along the south line of said quarter
section and said corporate boundary to the southwest corner of said 0.534-acre
tract and the southeast corner of the aforesaid Brewington Woods Addition;
thence West 849.2 feet along the south line of the Southwest Quarter of said
section and the south line of said Brewington Wood Addition to the point of
beginning and containing 37.2 acre, more or less.

5. The legal description for the Halteman I annexation area is a follows:

A part of the South Half of Section 29, Township 21 North, Range 10 East,
Delaware County, Indiana, described as follows:

Beginning at the northwest corner of Halteman Village Section “I”, the plat of
which is recorded in Plat Book 12, pages 23 and 24, which corner is on the
centerline of Moore Road; thence along the north line of said Halteman Village
Section “I” and said centerline the following three courses: 1) South 87 degrees
07 minutes East, 108.61 feet; 2) North 57 degrees 52 minutes East, 188.41 feet; 3)
South 84 degrees 19 minutes East, 789.04 feet to the northeast corner of said
Halteman Village Section “I” and the northwest corner of a0.963-acre tract of land
described in Deed Record 1986, 2521; thence Northeasterly 204.75 feet (distance
deduced from Deed Record 1986, 2521) along the north line of said 0.963-acre
 tract and said centerline to the northeast corner of said 0.963-acre tract and the
prolonged west line of a 7.909-acre tract of land described in Deed Record 1995,
1766; thence Easterly along said centerline to the center line of Green Farms
Ditch; thence continuing Easterly 737.80 feet, more or less, along the centerline
of said Moore Road to a point on the centerline of Wheeling Pike and the
corporate boundaries of the City of Muncie, which point is the northeast corner of
a 10.84-acre tract of land described in Deed Record 1999, 9453; thence South 23
degrees 49 minutes 32 seconds East, 702.62 feet (bearing and distance taken from
Deed Record 199, 9453) along the centerline of Wheeling Pike and said corporate
boundary to the southeast corner of said 10.84-acre tract and the northeast corner
of a 0.9-acre tract of land described in Deed Record 1986, 3672; thence
Southeasterly 100 feet along the eastern line of said 0.9-acre tract and the
northeast corner of a 1.8-acre tract of land described in Deed Record 1981, 1255;
thence Southeasterly 200 feet along the eastern line of said centerline and said
corporate boundary to the southeast corner of said 1.8-acre tract and the northeast
corner of a tract of land described in Deed Record 1987, 2421; thence
Southeasterly 233 feet (distance deduced from Deed Record 1999, 9453) along
the eastern line of said tract of land described in Deed Record 1987, 2421 and said
centerline and said corporate boundary to the south line of the Southeast Quarter
of said section and the southeast corner of said tract of land described in Deed
Record 1987, 2421; thence South 89 degrees 42 minutes 19 seconds West 1175.75
feet (bearing and distance taken from Deed Record 1993, 1815) along said south
line and said corporate boundary to the southwest corner of the Southeast quarter
of said section, which corner is the southeast corner of the aforesaid Halteman
Village Section “I”; thence North 89 degrees 43 minutes West, 1332.03 feet along
the south line of the Southwest Quarter of said section and the south line of
Halteman Village Section “I” and said corporate boundary to the southwest corner
of Halteman Village Section “I”; thence North 2 degrees 11 minutes East 1000.43
feet along a west line of Halteman Village Section “I”; thence South 87 degrees
07 minutes East 80.01 feet along a north line of Halteman Village Section “I”;
thence North 2 degrees 11 minutes East 165.0 feet along a west line of Halteman
Village Section “I” to the point of beginning and containing 62.4 acres, more or
less.

6. The City of Muncie enacted ordinances to add the above described parcels of real

estate into the City.

7. Muncie adopted Ordinance 11-07 to annex the Brewington Woods addition into

the City boundaries.

8. Muncie adopted Ordinance 12-07 to annex the Halteman I addition into the City

boundaries.
 9. Muncie adopted Resolution 11-07 to adopt the fiscal plan as drafted by HNTB

Corporation as the basis for the cost to Muncie to annex the Brewington Woods addition into the

City.

10. Muncie adopted Resolution 12-07 to adopt the fiscal plan as drafted by HNTB

Corporation as the basis for the cost to Muncie to annex the Halteman I addition into the City.

11. The areas proposed for annexation have at least three persons per acre.

12. The boundaries for the area proposed to be annexed are contiguous to the present

City boundaries by more than 25% of the total boundaries of the areas to be annexed.

13. Ordinance number 11-07 which annexed the Brewington Woods addition into the

City of Muncie was published after adoption.

14. Ordinance number 12-07 which annexed the Halteman I addition into the City of

Muncie was published after adoption.

15. Petitions for remonstrance objecting to the annexation ordinances were properly

signed.

16. The parties stipulated that more than sixty-five percent of the property owners for

each annexed area signed the petitions for remonstrance.

17. The effectiveness of the annexation was stayed as a result of the proper petitions

for remonstrance.

18. The vast majority of land owners in the territories to be annexed opposed being a

part of the City of Muncie.

19. Muncie supplemented its fiscal plan with the presentation of evidence at the trial

of this matter.

20. HNTB Corporation drafted the fiscal plans in late 2006 and early 2007.
 21. Rose Scovel testified that HNTB Corporation did not take into consideration

property tax caps when developing the fiscal plans.

22. Section 10 of HEA 1001 for the 2006 legislative session provided for a two

percent property tax cap for residences.

23. HEA 1001 became law when the Governor signed the same on March 24, 2006.

24. Property tax caps for residences where in place at the time that HNTB

Corporation drafted the fiscal plans.

25. HB 1478 of the 2007 legislative session also addressed property tax caps.

26. The Indiana General Assembly was in session in 2007 at the time that fiscal plans

were completed by HNTB Corporation.

27. HEA 1478 became law when the Governor signed the same on May 11, 2007.

28. HEA 1001 for the 2008 legislative session set forth property tax caps for

residences, rentals, agricultural lands and commercial buildings.

29. HEA 1001 became law when the Governor signed the same on March 19, 2008.

30. Muncie City Council has not taken any steps to amend the fiscal plans for these

areas to reflect the property tax caps adopted into law.

31. The City of Muncie failed to supplement the fiscal plans at trial to take into

consideration the property tax caps.

32. The fiscal plans do not account for reduction of revenue that the City will receive

from property taxes as a result of property tax caps.

33. The Muncie Fire Department uses fire hydrants as its sole source of water used in

fighting fires.

34. The Muncie Fire Department does not have any fire tankers to transport large

amounts of water for use in fighting fires.

 35. The Muncie Fire Department does not have equipment to draft water from

streams, rivers, retention ponds and swimming pools for use in fighting fires.

36. The City has a policy that requires that a fire hydrant be located within 1000 feet

of any structure where there is an adequate existing main.

37. Testimony was presented that three additional fire hydrants would be required to

be installed in the areas to comply with the 1000 feet policy.

38. The fiscal plan and testimony of Rose Scovel reflect that Indiana-American Water

Company provides water service and fire hydrants to the City.

39. The City leases the fire hydrants provided by Indiana-American Water Company

located within the City.

40. The City has not control as to the installation of fire hydrants.

41. The City cannot guarantee that the fire hydrants will be installed within one year

due to the fact that Indiana-American Water Company is the entity that installs the fire hydrants.

42. The fiscal plans and testimony from Mayor Sharon McShurley and Muncie Fire

Chief Eric Davis state that immediately upon annexation, full fire protection will be provided to

the areas.

43. The fiscal plans do not account for any additional day-to-day expenses that may

be incurred by the City to provide services to this area as said expenses were categorized by the

City department heads as “insignificant”.

44. Mayor McShurley testified that it was in the best interest of the owners of the

land to be proposed to be annexed into the City as the land owners would then have the ability to

vote for representatives who would represent them in the government sector, would have the

ability to serve on boards and commissions and would receive better services than what the land

owners are currently receiving.

 45. The land owners who testified on behalf of the Remonstrators testified that they

currently have the ability to vote for Delaware County Commissioners who represent their

interest, have the ability to service on boards and commissions on the county and township level,

and do not intend to serve on the Muncie City Council or any City boards and commissions in

the event that the real estate is annexed into the City.

46. These land owners also testified that services being provided to areas are adequate

and they did not express any displeasure with the current services provided.

47. Muncie Police Chief Deb Davis testified that the Delaware County Sheriff’s

Department is providing adequate police protection service to the areas sought to be annexed.

48. Muncie Street Department Supervisor Ron Ball testified that the Delaware County

Highway Department has provided adequate road and street maintenance services to the areas

sought to be annexed.

49. Hamilton Township Trustee Ralph Flowers is the individual who is legally

responsible for making arrangements for providing fire protection to the areas.

50. The Hamilton Township Trustee has contracted with the Hamilton Township

Volunteer Fire Company to provide services to the area.

51. Ralph Flowers testified that fire protection services being provided by the

Hamilton Township Volunteer Fire Company is adequate.

52. The most that the owners of residences in the area would have to pay in real estate

taxes is one percent of their assessed valuation pursuant to HEA 1001 that was enacted in the

2008 legislative session.

53. It is likely that if the areas were annexed into the City that the property tax cap

maximum amounts would be in place.

 54. The land owners who testified on behalf of the Remonstrators stated that they are

currently paying less than one percent of their assessed valuations in property taxes and that they

would be required to pay more taxes to reach the one percent property tax cap.

54. These land owners also testified that with their current income situation that any

additional property tax payment requirement would cause a significant financial impact to them.

55. Land owner John Bultman also testified that he knew that other land owners in the

areas were also on fixed incomes that any additional property tax payment requirement would

also lead to a significant financial impact on their end.

27. The fiscal plan used a method of identifying services and the cost for said services

as a per capita measure for the entire City.

31. The fiscal plan did not account for all revenue received by the City of Muncie or

its departments when determining the cost of services.

. Muncie did not present evidence at trial which identified the scope and standard

of service available in the area identified in the fiscal plan as comparable with the annexed

territory.

Muncie did not present evidence at trial which equated the level of services that

would be available to the annexed territory similar to the area identified in the fiscal plan as

“comparable.”

. The methodology used to identify the cost for delivery of services to the proposed

annexed territory improperly determined the level of services for the City as a whole.

. The fiscal plans and evidence presented at trial established the standard and scope

of services provided by Muncie to all of its citizens.

. The purpose of the annexation was to generate tax revenue for Muncie.
 41. Muncie provides fire service to its residents and also to residents in the area

identified as comparable in the fiscal plan.

42. The primary method for delivery of fire services is the use of fire hydrants to

deliver water to the fire department in the event of an emergency.

43. Muncie does not provide water utility service to its residents.

44. Muncie does not provide sewage and trash pick up utility to its citizens.

45. Muncie does not provide electrical power utility to its citizens.

46. Muncie will not provide water, sewage, trash pick up or electrical utility services

to the residents of the area proposed for annexation.

47. Muncie does contract for and pay for fire hydrants in the City.

48. Muncie does contract for and pay for street lights in the City.

49. Water service is available to some of the residents of the areas proposed to be

annexed, but is not available to all.

50. There exists an insufficient number of fire hydrants in the areas proposed for

annexation for Muncie to provide similar fire service as it does to its other residents.

51. Muncie can not provided fire service to the area proposed for annexation in a

manner consistent with the standard and scope of services provided to the City as a whole.

52. There is no obligation adopted by the Muncie to install or provide fire hydrants in

the area propose for annexation.

54. The fiscal plan does not provide for the installation and payment of fire hydrants

in the areas proposed for annexation.

55. Muncie can not provide fire service to the area proposed for annexation in a

manner consistent with the standard and scope of services provided to the area identified in the

fiscal plan as comparable.

 59. The City of Muncie failed to meet its burden of proof with respect to its

compliance with I.C. 36-4-3-13.

As a result of the evident presented at trial the Court hereby finds as a matter of law:

1. The City of Muncie (hereinafter “Muncie”) is a municipality as defined in I.C. 36-

1-2-11.

2. The area proposed for annexation has the following legal description:

A part of the East Half (E ½) of Section One (1), Township

Twenty (20) North, Range Nine (9) East, and the East Half (E
½) of Section Twelve (12), Township Twenty (20) North,
Range Nine (9) East, and the North Half (N ½) of Section
Thirteen (13), Township Twenty (20) North, Range Nine (9)
East, and the Southwest Quarter (SW ¼) of Section Thirty-six
(36), Township Twenty-one (21) North, Range Nine (9) East,
and the Southeast Quarter (SE ¼) of Section Thirty-five (35),
Township Twenty-one (21) North, Range Nine (9) East, more
particularly described as follows, to-wit:

Beginning at the Southeast corner of the North Half (N ½) of

Section Thirteen (13), Township Twenty (20) North, Range
Nine (9) East; thence South eighty-nine degrees fifty-nine
minutes forty-four seconds (89°59’44”) West along the South
line of said half five thousand three hundred fifty-eight and
thirty-four hundredths (5358.34) feet to the West line of said
Section Thirteen (13); thence North zero degrees thirteen
seconds (00°00’13”) West along said West line two thousand
six hundred thirty-nine and eight tenths (2639.8) feet to the
North line of said section; thence North zero degrees thirteen
seconds (00°00’13”) West along the West line of Section
Twelve (12) five thousand two hundred seventy-nine and fifty-
nine hundredths (5279.59) feet to the North line of said
section; thence North zero degrees thirteen seconds
(00°00’13”) West along the West line of Section One (1) four
thousand two hundred and eight hundredths (4200.08) feet to
the North line of said section; thence South eighty-nine
degrees fifty-nine minutes forty-four seconds (89°59’44”)
West along the South line of Section Thirty-five (35) one
thousand three hundred twenty and eight hundredths (1320.08)
feet; thence North zero degrees thirteen seconds (00°00’13”)
West one thousand three hundred twenty and one tenth
(1320.1) feet to the North line of Section One (1); thence
South eighty-nine degrees fifty-nine minutes forty-four
seconds (89°59’44”) East along said North line two thousand
six hundred eighty-nine and eighty-three hundredths (2689.83)
feet; thence South zero degrees thirteen seconds (00°00’13”)
West seven hundred nineteen and six hundredths (719.06) feet;
thence North sixty-six degrees fifty-six minutes nine seconds
(66°56’09”) East one hundred nine and ninety-nine hundredths
(109.99) feet along the North right-of-way line of Indiana
State Highway #332; thence South zero degrees thirteen
seconds (00°00’13”) West one hundred sixty-two and one
tenth (162.1) feet to a point on the South right-of-way line of
Indiana State Highway #332; thence South six degrees forty-
one seconds (06°00’41”) West two hundred twenty-four and
forty-seven hundredths (224.47) feet; thence North eighty-nine
degrees seven minutes sixteen seconds (89°07’16”) East two
hundred sixty-eight and forty-eight hundredths (268.48) feet;
thence South zero degrees thirty-five minutes seventeen
seconds (00°35’16”) East one hundred ten and one tenth
(110.1) feet; thence North eighty-nine degrees seven minutes
sixteen seconds (89°07’16”) East sixty (60) feet; thence South
forty-one degrees three minutes forty-six seconds (41°03’46”)
East one hundred nineteen and fifty-seven hundredths (119.57)
feet; thence North eighty-nine degrees seven minutes sixteen
seconds (89°07’16”) East eight hundred forty-nine and ninety-
four hundredths (849.94) feet to the East line of said East Half
(E ½) of Section One (1); thence South zero degrees zero
minutes twenty-one seconds (00°00’21”) West along said East
line two thousand nine hundred seventy-six and twenty-three
hundredths (2976.23) feet to the South line of said East half (E
½); thence continuing South zero degrees zero minutes
twenty-one seconds (00°00’21”) West along the East line of
Section Thirteen (12), Township Twenty (20) North, Range
Nine (9) East five thousand three hundred thirty-five and
twelve hundredths (5335.12) feet; thence continuing South
zero degrees zero minutes twelve seconds (00°00’12”) West
along the East line of Section Thirteen (13), Township Twenty
(20) North, Range Nine (9) East one hundred thirty-two and
one tenth (132.1) feet; thence South eighty-nine minutes forty-
four seconds (89°59’44”) West parallel to the North line of
said Section Thirteen (13) three hundred thirty and two
(330.02) feet; thence North zero degrees thirteen seconds
(00°00’13”) West parallel with the East line of said Section
Thirty (13) one hundred thirty-one and ninety-nine hundredths
(131.99) feet; thence South eighty-nine degrees fifty-nine
minutes forty-four seconds (89°59’44”) West along the North
line of said section five hundred seventy-one and ninety-seven
 hundredths (571.97) feet; thence South zero degrees thirteen
seconds (00°00”13”) West six hundred fifty-one (651) feet;
thence South eighty-nine degrees fifty-nine minutes forty-four
seconds (89°59’44”) West three hundred ninety-seven and
seventy-one hundredths (397.71) feet; thence South zero
degrees thirty-seven minutes forty-seven seconds (00°37’47”)
East one thousand four hundred fifty-one and fifteen
hundredths (1451.15) feet to the centerline of River Road;
thence South eighty-nine degrees fifty-nine minutes forty-four
seconds (89°59’44”) East along said centerline four hundred
thirty-six and eighty-nine hundredths (436.89) feet; thence
North three degrees one minute fourteen seconds (03°01’14”)
West eight hundred twenty-nine and ninety-four hundredths
(829.94) feet; thence North eighty-nine degrees five minutes
sixteen seconds (89°05’16”) East four hundred nineteen and
sixty-two hundredths (419.62) feet; thence South sixty-four
degrees fifty-one minutes forty seconds (64°51’40”) East five
hundred thirty-six and ninety-seven hundredths (536.98) feet
to the East line of said Section Thirteen (13); thence South
zero degrees thirteen seconds (00°00’13”) West along said
East line six hundred ten and thirty hundredths (610.30) feet to
the centerline of River Road; thence continuing South zero
degrees thirteen seconds (00°00’13”) West along said East line
four hundred fifty-eight and fifty-four hundredths (458.54)
feet to the Point of Beginning, containing 1491.221 acres,
more or less.

3. The City of Muncie enacted an ordinance to add the above described real estate to

the City.

4. Muncie adopted Ordinance 52-98 to annex the previously described territory to

the City limits.

5. Muncie adopted Resolution 31-98 to adopt the fiscal plan as drafted by Land

Rush, Inc. as the basis for the cost to Muncie to annex the described real estate to the City.

6. The area proposed for annexation was not 60% subdivided and did not have at

least three persons per acre.

7. The area proposed for annexation was not primarily industrial or commercial.
 8. The boundary for the area proposed to be annexed was contiguous to the present

City boundaries by 25% of the total boundary of the area to be annexed.

9. The Ordinance number 52-98 which annexed the above described real estate into

the City of Muncie was published after adoption.

10. A petition for remonstrance objecting to the annexation ordinance was properly

signed, authenticated and approved by the Auditor of Delaware County.

11. Muncie supplemented its fiscal plan with the presentation of evidence at the trial

of this matter.

12. The fiscal plan did not identify the scope and standard of services available in the

comparable area.

13. The fiscal plan did not equate the scope and standard of services that were

proposed for the annexed area with the area identified in the fiscal plan as “comparable”.

14. The fiscal plan used a method of identifying services and the cost for said services

as a per capita measure for the entire City.

15. Muncie did not present evidence at trial which identified the scope and standard

of service available in the area identified in the fiscal plan as comparable with the annexed

territory.

16. Muncie did not present evidence at trial which equated the level of services that

would be available to the annexed territory similar to the area identified in the fiscal plan as

“comparable.”

17. Muncie did not present evidence which equated the topography of the proposed

annexed territory with the area identified in the fiscal plan as comparable.

18. The methodology used to identify the cost for delivery of services to the proposed

annexed territory improperly determined the level of services for the City as a whole.
 19. There exists no condition or service in the area proposed for annexation which is

needed by Muncie.

20. Muncie has no plans to develop any area in the area proposed for annexation in

the near future.

21. Muncie has no need for the area proposed for annexation.

22. The purpose of the annexation was to generate tax revenue for Muncie.

23. Muncie will not provide water, sewage, trash pick up or electrical utility services

to the residents of the area proposed for annexation.

24. There exists an insufficient number of fire hydrants in the area proposed for

annexation for Muncie to provide similar fire service as it does to its other residents.

25. Muncie can not provided fire service to the area proposed for annexation in a

manner consistent with the standard and scope of services provided to the City as a whole.

26. There is no obligation adopted by the Muncie to install or provide fire hydrants in

t he area propose for annexation.

27. The fiscal plan does not provided for the installation and payment of street lights

in a manner consistent with the standard and scope of similar services provided in the area

identified as comparable in the fiscal plan.

28. The fiscal plan does not provide for the installation and payment of fire hydrants

in the are proposed for annexation.

29. Muncie can not provide fire service to the area proposed for annexation in a

manner consistent with the standard and scope of services provided to the area identified in the

fiscal plan as comparable.

30. The City of Muncie failed to meet its burden of proof with respect to its

compliance with I.C. 36-4-3-13.

 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the remonstrance

petitions are sustained and the ordinance for annexation is not valid.

DATED this ___ day of ___________________, 2008.

_____________________________________
Jan Chalfant, Special Judge

copies to:

John H. Brooke
Casey D. Cloyd
112 E. Gilbert St.
P.O. Box 1071
Muncie, IN 47308

Frank Gilkison
P.O. Box 1648
Muncie, IN 47308

Joseph P. Hunter
117 E. Main Street
Muncie, IN 47305