Annexation trial resumes next month

Published 6:00 am Thursday, December 11, 2003

Following a November recess, Brookhaven’s annexation trial isscheduled to resume on Monday, Jan. 26, attorneys saidWednesday.

City Attorney Joe Fernald and Carlisle Henderson, who isrepresenting more than 200 objectors to the city’s expansion plans,said the dates were set after checking participants’ schedules andthe Lincoln County Chancery Court calendar. Special Chancellor JohnC. Ross, of Corinth, is presiding over the trial.

“As far as I know, all parties have agreed to the last week inJanuary,” Henderson said.

In the trial, the city is asking to annex more than 16 squaremiles of territory, but objectors are challenging the city’sability to meet expansion-related obligations. In terms ofpopulation, the annexation would increase the city from the current9,861 to over 13,000.

The trial, which began Nov. 5, was recessed Nov. 25 whenparticipants agreed that testimony could not be concluded beforeThanksgiving. Various scheduling conflicts prevented the trial fromresuming in December.

When the trial halted, objectors’ urban planning expert KathyGarner was being cross-examined by Jerry Mills, the city’sannexation attorney. She will be back on the witness stand when thetrial restarts.

Henderson said objectors currently are not planning to call anymore witnesses. The city was planning on calling rebuttalwitnesses, but it was not known how many would take the stand.

Henderson said how much longer the trial will take will dependon the time needed to question and cross-examination witnesses. Hesaid the trial may last three or four days.

“I hope we do it in three, but it might go four,” Hendersonsaid.