Annexation Timeline
Prairie Ridge History
Planning and Development
On June 9th, 2003, Mr. Rick Hornat, member and owner of Valpo-Sturdy Road, LLC, petitioned the Porter County Plan Commission to rezone the 30 acre parcel now known as Prairie Ridge to R1 – Low Density Single-Family Residential. The parcel was initially part of the County’s Moderate Density Single-Family Residential zoning classification (R2). A public hearing was held on July 9th, 2003 and the Plan Commission unanimously recommended approval of the rezone. The Board of County Commissioners accepted and passed the recommendation on August 5, 2003.
In May 2004, Valpo-Sturdy Road, LLC filed its primary plat request for Prairie Ridge subdivision with the Plan Commission. After revising the plat to address minor comments, it was formally approved June 9, 2004. The plat included 52 single family residential lots and various outlots. The first homes were constructed in 2005.
Annexation Waivers
On February 28, 2005, Rick Hornat executed Annexation Waivers on behalf of Valpo-Sturdy Road, LLC with the City of Valparaiso. These waivers were submitted without any explicit or enforceable requirement tied to utility service. The waivers were not recorded with the Porter County Recorder’s Office until February 17, 2006, over 11 months after they were signed.
Indiana General Assembly Voids Annexation Waivers
In 2019 the Indiana General Assembly passed House Bill 1427 which voids waivers executed after June 30, 2003 if not executed as part of a signed, written agreement for utility service or other city services.
Annexation Proceedings
First Annexation Attempt – Super Voluntary
On August 26, 2020 the Valparaiso City Council introduced Ordinance 15-2020 which proposed a super-voluntary annexation of the Prairie Ridge subdivision. A public hearing was held September 28, 2020 and the ordinance failed by vote at the conclusion of the hearing.
Second Annexation Attempt – Involuntary
On February 14, 2022 the City of Valparaiso introduced Ordinance 3-2022 proposing an involuntary annexation of Prairie Ridge. A public hearing was held March 14, 2022 and the City adopted the ordinance at the conclusion of the hearing.
The ordinance was published March 16, 2022, and homeowners had 90 days to file remonstrance. However, the City relied on waivers it deemed valid to block homeowners from doing so. On March 25, 2022 and April 6, 2022, two lawsuits were filed in Porter County challenging the validity of the waivers.
Appeals Court Ruling
On July 27, 2022, the trial court issued summary judgment in favor of the City of Valparaiso. That ruling was appealed by the homeowners and on May 16, 2023 the Indiana Court of Appeals reversed the trial court’s decision, declaring that a trial was needed to determine the validity of the waivers.
On July 31, 2023 the Indiana Supreme Court denied the City’s petition to transfer, allowing the Court of Appeals’ decision to stand.
Heading to Trial
As of this writing (September 26th, 2024) the case is pending discovery work to complete and the case management hearing scheduled for March 3, 2025.