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Lexington defends its plans for annexation
Lawsuit puts process on hold until hearing
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Published: November 20, 2008
LEXINGTON
The city of Lexington is denying the allegations made in a lawsuit filed in September over its plans to annex land affecting nearly 2,000 people.
The Lexington City Council voted unanimously July 21 to annex four areas along Biesecker Road, East Center Street, Old Salisbury Road and Winston Road. The areas cover 2.35 square miles and have 1,953 residents.
The group Citizens Against Forced Annexation filed a lawsuit Sept. 16. The lawsuit includes four petitions signed by more than 240 county residents. It alleges that city officials did not follow the procedures for advertising a public-information meeting and a public hearing. The suit also alleges that the city did not fully analyze the effect that the annexation would have on rural fire departments and that the city failed to speak to how the city would provide sewer service to annexed residents.
If the lawsuit had not been filed, the annexation would have taken effect on June 30, 2009.
Anthony Fox, the attorney for the city, said yesterday that the city's response to the lawsuit was filed last week in the Davidson County Courthouse. He said that the city denies all the allegations contained in the lawsuit.
"The next step is for the parties to go through discovery and seek a detailed understanding of the allegations," Fox said.
Opponents to the annexation had little comment yesterday about the city's response. Paulette Morgan, a spokeswoman for the group, said that opponents have full confidence in their attorney, Bob Hornik.
"We feel what he has said is legitimate and fair and we'll leave it to the attorneys to work it out in the court system," Morgan said.
Fox said that a hearing on the annexation could be scheduled for early next year.
North Carolina law allows cities to annex areas that are next to municipalities to provide certain services and expand the property-tax base. Involuntary annexations are almost always controversial, and opposition to Lexington's plans was intense.
In 2003, a group of Forsyth County residents filed two lawsuits against the city of Winston-Salem after the city council there voted to annex about 20 square miles. The lawsuits eventually failed, and the city annexed the areas in 2006.
■ Michael Hewlett can be reached at 727-7326 or at mhewlett@wsjournal.com.
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