Objectors will file annexation appeal
Published 5:00 am Thursday, May 27, 2004
Objectors to a recently-approved Brookhaven annexation haveagreed unanimously to move forward with plans to appeal thedecision.
More than 50 of an estimated 200 objectors to the city expansioneffort attended the meeting Tuesday night at a localrestaurant.
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.
Sandra Gerald, a spokesperson for the objectors, informed othersat the meeting that she had consulted with an appellate attorney,and she estimated the cost of the appeal at a minimum of$25,000.
Objectors raised just under $16,000 for the original trial, shesaid.
“It was hard to raise that, and we’re going to need at least$10,000 more than that,” she said. “If you want to do this, youmust be committed.”
Objectors will need to raise approximately $20,000 of the$25,000 total before the appeal can be filed, Gerald said.
It is a realistic, if tough, goal, Gerald said, noting that shehas received promises of support from people in the county outsidethe annexation area and some inside the city.
One attendee, who identified himself as a Brookhaven resident,said he would support the objectors.
“I don’t think this is good for Brookhaven. I think it’s goingto hurt the city. It’s an enormous expense for the city to supplythose services, hire new personnel and purchase the necessaryequipment,” he said.
City services, such as police and fire protection, will have tobe immediately supplied to the annexed areas when the process iscomplete. The city would have five years to provide other services,such as water and sewer.
Gerald could not say how much the cost of the appeal would breakdown to each household. That depends on how many objectorssupported the appeal.
Objectors also plan to hold at least two fund-raisers to helpthem fight the annexation.
“This is a very emotional decision people have to make onwhether to oppose this,” she said. “Our chances will not be realgreat. Some form of annexation will likely get through. We’llmainly be buying time, but, there are some areas we feel deserve anappeal.”
Annexation Consultant Mike Slaughter said he did not have anestimate on the city’s cost to fight an appeal. Much of that costwould be in legal expenses, although consultants do assist in theprocess.
“During the appeal process, the city has the option of doing across-appeal to try to reclaim an area that was cut in the originaldecision,” Slaughter said. “I don’t know if they have thoseintentions.”
Gerald said the city has already spent nearly a quarter milliondollars on their annexation efforts on consultation alone. In2003-2004, annexation consultants Bridge and Slaughter were paidmore than $200,400 for their services alone, she said, and thatdoes not include the costs of legal services and fees.
Slaughter disagreed with her figures.
“If it was over $200,000 for the past two years I’d be shocked,but I haven’t tallied it up,” he said.
Objectors cannot file an appeal until the official annexationorder is entered into the court record.
Slaughter said the city is close to being able to file theannexation order.
“We’re still finishing up the legal description that has to goin that order,” he said.
Once the annexation order is filed, objectors have 30 days tofile their appeal. The appeal will halt city implementation of theannexation plan.
It could be “well over a year” before the state Supreme Courtwould rule on Brookhaven’s annexation efforts, Slaughter said. Hesaid the process would involve getting a copy of the annexationtrial proceedings, attorneys’ filing legal briefs with the highcourt and then having the matter scheduled and ruled on by thejustices.
Justices on the state Supreme Court would have to find a”manifest error” in law before they could overturn or modify theoriginal ruling.
The Supreme Court has three options in their ruling on the case.They could leave the chancellor judge’s ruling unchanged, redrawthe annexation lines, or overturn the decision for a retrial.