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The Warsaw City Council won a lawsuit Monday filed by Vasilios H. Batalis on March 22.
Judge Duane G. Huffer, Kosciusko Superior Court I, determined Monday that "there is no genuine issue of material fact and that the Common Council of the City of Warsaw is entitled to judgment as a matter of law."
Summary judgment granted to the council refers to a lawsuit filed against the city council by Batalis through his attorney, Steve Snyder.
Batalis, owner of Batalis & Associates Realty Inc., Batalis Buildings Inc. and Batalis Developing, filed the lawsuit against Warsaw because the council didn't approve an annexation request.
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.
Warsaw city attorney Mike Valentine said in April Batalis was "suing because they didn't annex it."
"(Batalis) is saying that the city should have annexed it," Snyder said in April. "We meet the requirements."
Valentine said the city council did not approve the fiscal plan or the annexation request. Both were denied Feb. 9.
Snyder said there is a provision that says when a town fails to approve a voluntary annexation, it can be appealed in Superior Court.
The case went to Kosciusko Superior Court I and a trial was held.
If the U.S. 30E annexation had been ordered by the court, the property would become part of the city. This means Warsaw would be obligated to provide sewer, police and fire protection and trash pickup. It would also subject the property to city taxes.
But the court did not order the council to annex the property.
"The judge ruled that they (Batalis) didn't qualify under statutes," Valentine said. "(They) didn't meet population density requirements."
Valentine said Warsaw "won the Batalis suit."
