Continuously serving Kosciusko County since 1854
Vasilios H. Batalis, owner of Batalis & Associates Realty Inc., Batalis Buildings Inc. and Batalis Developing, filed a lawsuit against Warsaw March 22 for denying annexation of property on U.S. 30E.
The territory sought to be annexed is zoned commercial, light industrial and agricultural. It comprises almost 93 acres on the north side of U.S. 30 and includes Quality Farm and Fleet and Image Coaches.
"Mr. Batalis, through his attorney, filed their action taken before the court because they didn't annex it," city attorney Mike Valentine said.
"(Batalis) is saying the city should have annexed it," Steve Snyder, Batalis' attorney, said. "We meet the requirements."
Valentine said the city council has to approve a fiscal plan before an annexation ordinance can be approved.
The city council did not approve the fiscal plan or the annexation request. Both were denied Feb. 9.
Snyder said there is a provision which says when a town fails to approve a voluntary annexation, it can be appealed in Superior Court.
Batalis' case will now be up to the Kosciusko Superior Court No. 1.
"There will have to be a trial," Valentine said.
This means city officials will have to appear in court and testify and answer to an order that may direct annexation to take place.
If the U.S. 30E annexation does take place, the property then becomes part of the city. This means Warsaw will be obligated to provide sewer, police and fire protection and trash pickup. It also means the property would be subject to city taxes.
Snyder said the case will be tried in court when the court's schedule allows.
"They (Superior Court No. 1) could say to annex it or not to annex it," Snyder said.
Batalis was unavailable for comment.
