In Brenwick Associates, LLC et al. v. Boone County Redev. Comm’n, the Indiana Supreme Court held that the Boone County Redevelopment Commission could establish an economic development area in an area adjacent to Whitestown after Whitestown had initiated annexation proceeding, but prior to completion of the annexation.

The central issue in the case was whether the initiation of annexation proceedings by Whitestown precluded Boone County from establishing an economic development area in the annexation area. The Supreme Court held that the initiation did not preclude the establishment of the area.

The county was given the ability to create economic development areas in all areas of a county not including municipalities by statute. Conversely, a municipality may annex territory contiguous with its boundaries. The Court stated that because Whitestown had not completed annexation but only initiated proceedings at the time the county created the economic development area, the territory was not within its corporate boundaries and, therefore, could be included in the economic development area.

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