A Wednesday, Nov. 5, trial date has been scheduled to hearBrookhaven’s case for annexing over 16 square miles of the county,following a Tuesday status conference in Lincoln County ChanceryCourt.

“Nothing else will happen, trial wise, until Wednesday, Nov. 5,at 9 a.m.,” Special Chancellor John Ross Jr. told a group of about25 objectors during Tuesday’s hearing in the circuit courtroom.

In addition to determining a trial date, Judge Ross, attorneysfor the city and an attorney for a handful of objectors worked outa scheduling order setting deadlines for designation of trialexperts, evidence discovery and other trial preparation issues.Much of Tuesday’s activity was done in the judge’s chambers priorto their appearance in the courtroom.

“We’re pleased we’ve got this matter moving toward conclusion,”said Jerry Mills, the city’s annexation attorney, followingTuesday’s hearing.

The list of objectors to the city’s annexation plans included102 individual’s or families’ names by the end of Tuesday. That wasalmost double the 55 that signed objector forms following aninitial hearing in March.

Hattiesburg attorney Jerry Evans is the only attorney so far tofile a notice of appearance on behalf of objectors. Brookhavenattorney Carlisle Henderson said he was asked to attend Tuesday’shearing on behalf of a county resident, but he had not filed anyformal appearance notice.

Evans said he is representing a small group of individuals whohave concerns about their pasture land, which they do not plan todevelop, being annexed.

Evans, who has handled about five annexations, both in supportof city expansion and against it, said he expected the fallannexation trial to last about two weeks.

“That would be a minimum in my estimation,” Evans said.

Mills, who has an extensive annexation trial background,predicted three weeks. He indicated that the length would bedetermined in part by how many objectors take part in questioningwitnesses.

“Our position is this is an opportunity for everybody to havetheir day in court,” Mills said.

While suggesting they seek an attorney, either as individuals oras a committee, Judge Ross assured objectors Tuesday that theywould be allowed to have a role in the proceedings if they desired.He said objectors could question city witnesses, but statementsregarding annexation would not be allowed until the defense portionof the trial.

“We certainly intend to protect your rights as much as anybodyelse’s,” Ross told the audience.

Ross fielded several questions from objectors during the briefcourtroom activity Tuesday.

Sandra Gerald, of 1363 Field Lark Lane, questioned notificationrequirements regarding hearings and other court dates. Shesuggested the relatively small audience Tuesday was due to a lackof notification, but Judge Ross disagreed.

“I don’t think the lack of notification prejudiced anybody’sposition,” Ross said.

City Attorney Joe Fernald repeated the city’s position thatnotice of Tuesday’s hearing was not needed because the date had notchanged since it was set during the March initial hearing. AfterTuesday, Fernald said, the scheduling order and other trial-relatedinformation would be sent to the people who have filed objectorforms.

“As they’re added, we’ll get it to them,” Fernald said.

City resident John Perkins asked about objectors’ rights to cityinformation such as how its annexation plan would be implemented.Judge Ross said objectors have access to the court file at any timeand the information could be requested from the city, but Fernaldasserted that “complicated” discovery rules would need to befollowed.

Gerald also asked about names on petitions that were filed withthe city as officials considered annexation. Fernald indicated thepetitions were part of the court file, but the names on them werenot considered as objectors unless they had completed a form in thechancery clerk’s office.

Following the hearing, a group of objectors discussed theimportance of those against annexation making sure they hadcompleted objector forms. Gerald also suggested objectors completeother paperwork when they come to the courthouse.

“If they’re not qualified when they come to object, they need toregister to vote,” Gerald said.