Judge refuses to delay Nov. 4 annexation trial
Published 5:00 am Friday, October 24, 2003
A special chancellor appointed to hear the city’s annexationcase has indicated the trial will go forward on Nov. 5 asoriginally scheduled, attorneys said.
Judge John C. Ross Jr. and attorneys for the city and annexationobjectors held a conference call Thursday morning to discuss amotion by a group of objectors for a continuance. Objectors hadsought more time to study and prepare responses to a revisedServices and Facilities plan approved by the board Oct. 7.
However, City Attorney Joe Fernald and objectors’ attorneyCarlisle Henderson said Ross had verbally rejected the continuancemotion. Henderson said he was not surprised at the judge’sruling.
“It was a long shot, but one we thought we should make,”Henderson said.
Henderson said the telephone conference was not a formalhearing, but that one would be held Monday when the judge comes toBrookhaven.
“We’ll have a hearing on the record on the issue (then),”Henderson said.
Fernald said the judge found that city had complied withdiscovery requirement in the trial.
With the end of the city’s fiscal year Sept. 30, Fernald saidthe Services and Facilities plan had to be revised to reflectchanges and also to be timely. He mentioned a fire department Jawsof Life purchase, which was done in the last fiscal year instead ofthe current one, as one example of changes that needed to be madein the plan.
Fernald cited judge, attorney and courtroom scheduling issues inproceeding with the trial as planned.
“Logistically, you just can’t call this off,” Fernald said, whoalso mentioned fairness to city taxpayers as another reason for notpostponing the trial. “If it were changed, it’s possible this wouldnot be heard until sometime late next year.”
The annexation trial is expected to last about two weeks.Fernald said he has 21 days set aside on his November calender fordealing with annexation trial.