DYER | Dyer's attempt to annex several thousand unincorporated acres south of town has hit another roadblock.

The Indiana Court of Appeals issued a decision Wednesday to uphold a trial court's conclusion that St. John was in the right to annex about 180 acres within that area. The appeals court also agrees that Dyer's annexation is void and invalid, because it attempts - -in a single proceeding - -to annex several parcels that are contiguous with the town but not each other.

"It's what we had hoped would happen," St. John Attorney David Austgen said. "Based upon the ruling of the trial court, St. John's position was upheld."

St. John Town Council President Mark Barenie, who acknowledged St. John's team effort in the matter, said he knows the issue is still not 100 percent complete, but hopes it can be put aside "so we can move forward."

Austgen said some appellate remedies remain for Dyer, but those remedies are more limited now.

St. John Town Council Vice President Michael Forbes said the town had a feeling the decision would end up this way. Although he knows the process is not over until Dyer is ready for it to be over, getting the same opinion from two different judges is a signal that it's time to move on, he said.

Dyer Town Council President Robert Rybicki said he did not have time to review the decision and, therefore, had no comment.

Dyer Town Manager Joe Neeb said he is certain that the council will discuss what direction it will decide to go soon.

The issue goes back to April 2008, when Dyer council members approved the first reading of an annexation ordinance that would almost double the town's size by incorporating land that sits to the south and east of Dyer town limits.

Many residents in that unincorporated Lake County area opposed the annexation and imparted their opinions via yard signs and at several informational sessions Dyer hosted regarding annexation.

Before Dyer adopted the annexation ordinance in December 2008 -- to incorporate about 3,000 acres -- St. John annexed about 180 acres within that area. The parcels stretch east to west, disconnecting the contiguity Dyer needed with land to the south.

The move brought the two towns to court.

In July of 2009, a judge deemed Dyer's annexation ordinance as "void and unenforceable." He also ruled that St. John was "first in time" to annex the east-west parcels that sit in an area Dyer included in its annexation attempt.

Dyer appealed that ruling, which led to Wednesday's decision.