Annexation trial ends; decision in chancellor’s hands

Published 6:00 am Monday, February 2, 2004

The future of Brookhaven’s city limits is now in the hands ofSpecial Chancellor John Ross following the Friday conclusion of thecity’s annexation trial in Lincoln County Chancery Court.

Attorneys on both sides of the annexation issue will preparetheir Findings of Fact and Conclusions of Law briefs by March 15.Ross will use the briefs, which recap each side’s position, inconjunction with trial testimony and exhibits in deciding thecase.

Ross, of Corinth, said he expects to have a decision by April15. The annexation, if approved and not appealed, would becomeeffective 30 days after the order is entered into the courtrecord.

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Attorneys on both sides were optimistic that they had presentedtheir cases well.

“We’re satisfied,” said City Attorney Joe Fernald.

Carlisle Henderson, who has represented a group of objectorsduring the trial, offered a different assessment.

“I think we have presented compelling evidence that the currentplan, in its totality, is not reasonable,” Henderson said.

Ross has been asked to allow the city to annex over 16 squaremiles, which would more than triple Brookhaven’s current size. Interms of population, the annexation would increase the city fromthe current 9,861 to over 13,000.

However, over 200 objectors have challenged the city’s abilityto meet annexation-related obligations.

In deciding the case, Ross may approve the annexation area inits entirety or he may fully reject.

The judge may also modify the area in accordance with the 12indicia of reasonableness for annexation. The indicia involve suchissues as path of growth, city need for expansion, minority votingstrength and impact on those in the proposed annexation area.

“Often times, the judge takes out a pencil and draws his ownannexation map,” Fernald said.

Fernald indicated that could happen in Brookhaven’s case.

“There are some areas that testimony will show are stronger thanothers,” Fernald said, although he did not identify any areas thathe thought could be excluded from the annexation.

Annexation consultant Michael Bridge was the final rebuttalwitness for the city Friday. He was called to further discuss thecity’s position on indicia of reasonableness and to refute earliercomments by Kathy Garner, objectors’ urban planning expert, thatthe annexation was not justified.

The annexation trial began Nov. 5. It resumed Wednesday afterbeing recessed on Nov. 25.

Fernald said trial participants had introduced over 100exhibits. He was looking forward to a ruling in the case.

“We feel confident we’ll know something by April 15, if notsooner,” Fernald said.