Annexation objectors eye appeal
Published 5:00 am Monday, May 24, 2004
Objectors to a recently-approved Brookhaven annexation aretrying to gauge support for a possible appeal as city officialscontinue efforts to move forward with expansion plans.
“We’ve had a tremendous amount of interest in an appeal,” saidSandra Gerald, one of more than 200 objectors to the city expansioneffort.
A special chancellor earlier this month approved an annexationthat would more than double the city’s size. The city hadoriginally asked for a 16.6 square mile area, but the judgerejected territory west of Interstate 55 and a private landowner’sproperty in the northeastern corner of the annexation area.
Gerald said a meeting has been scheduled for Tuesday at 6 p.m.at the Western Sizzlin’ to discuss appeal possibilities. She saidparticipants would discuss the judge’s ruling and the pros and consof what would be involved with an appeal.
“One of the main things we have to do is raise money,” Geraldsaid. “We’re going to have to find out how much we can raise and gofrom there.”
Gerald said she had spoken with out-of-town counsel regardingthe cost of an appeal. However, she did not want to release theestimates until the Tuesday meeting.
Gerald said approximately 250 people were on the objectormailing list during the annexation trial. With the exemption of thewestern territory, she said the list is down to about 180, butother residents are now taking an interest.
“It’s being replaced by other people who did not participatebefore,” Gerald said.
Gerald did not offer an estimate on how many she was expectingto attend Tuesday’s meeting. She said, though, that turnout wouldnot be an accurate measure of support for an appeal.
“We can’t gauge it by turnout because people are involved in somany things,” Gerald said. “The main thing is to let them knowthere is a movement going on if they want to be a part of it.”
Objectors cannot file an appeal until the official annexationorder is entered into the court record.
Annexation consultant Mike Slaughter said the city is close tobeing able to do that, hopefully some time this week.
Regarding a legal description needed for the order, he saidconsultants are waiting for city officials to give them adescription of Gordon Redd’s property. Redd’s property in thenortheastern corner of the annexation area was excluded by thechancellor.
“We’ve got it all finalized with that one exception,” Slaughtersaid.
If there is no appeal, the annexation would become effective 30days after the order is entered.
City services, such as police and fire protection, would have tobe immediately provided to the newly-annexed areas. The city wouldhave five years to provide other services such as water andsewer.
An appeal would halt city implementation of the annexationplan.
“If they file an appeal, the annexation then is definitely onhold,” Slaughter said.
In the event of an appeal, Slaughter estimated it could be “wellover a year” before the state Supreme Court would rule on theBrookhaven expansion. He said the process would involve getting atranscript of the annexation trial proceedings, attorneys’ filinglegal briefs with the high court and then having the matterscheduled and ruled on by justices.
Slaughter did not have an estimate on the city’s costs in theevent of an appeal. He said much of that would be legal expenses,although consultants do assist in the process.
With appeal prospects uncertain, consultants are moving forwardwith redrawing ward lines to account for a larger population.
“We have compiled our benchmark data,” Slaughter said. “We areready to start that process.”
The first step is a public hearing, which Slaughter expectedcould be held in several weeks. He said there must be sufficienttime to advertise the hearing after a date is set.
Slaughter said either he or his partner Mike Bridge is planningto attend the June 1 board of aldermen meeting. He said the meetingwill be to update the new mayor and the board on annexation plansand data.
“We want to get their thoughts and input and share our thoughtsand input with them,” Slaughter said.