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Ruling shelves annexation
Group sued Lexington in September 2008, saying city didn't follow procedures
Mayor John Walser had no comment on the judge's ruling. The city can appeal.
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Published: December 2, 2009
LEXINGTON
Lexington's plans to annex about 1,600 Davidson County residents are indefinitely stalled after a judge ruled in favor of a group that filed a lawsuit against the city last year.
Judge Kevin M. Bridge of Davidson Superior Court issued the ruling last week.
The group Citizens Against Forced Annexation filed a lawsuit in September 2008 after the Lexington City Council voted to annex four areas along Biesecker Road, East Center Street, Old Salisbury Road and Winston Road.
Last November, the city council voted to drop Winston Road after city officials determined that the legal description of the area was incorrect.
The lawsuit alleged that the city didn't follow procedures in advertising a public-information meeting and a public hearing. The suit also alleged that the city did not fully analyze the effect the annexation would have on rural fire departments and that the city failed to fully lay out how it would provide sewer service to annexed residents.
In his ruling, Bridges said the city did not follow its policy on extending sewer service to residents who are annexed.
The city has to provide sewer service to all newly annexed areas within five years, but residents could petition to have the sewer service extended within two years. The city sent residents who wanted accelerated sewer service a contract to sign. Residents had to pay 50 percent of the cost within 14 days of getting the contract, which could be substantial.
Bridges ruled that the 14-day requirement was not part of the city's financial policies.
He also said that the legal descriptions of the areas in the annexation ordinances did not meet the statutory requirements.
Mayor John Walser and City Manager John Gray declined to comment. Anthony Fox, the attorney representing the city, said he will have to consult with the Lexington City Council on what the city's next move will be.
The city has two options. Officials could take corrective action within 90 days or it could appeal to the N.C. Court of Appeals within 30 days.
"I will suggest that based on the ruling … there is clear authority to support the town's position on the boundary issue and there's clear authority on the accelerated sewer issue," Fox said yesterday.
Bob Hornik, the attorney representing the annexation opponents, said that on the accelerated sewer issue, Bridges ruled that the city's 14-day requirement was not in the existing policy.
"Ultimately, it's up to the city whether it wants to proceed with the annexation," he said.
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.
This summer, the N.C. House approved changes in the 50-year-old annexation law, including giving the right of annexation opponents to force a referendum on annexations if they get 15 percent of the total number of voters in the city and the annexation area.
The Senate did not vote on the bill, which is eligible to return in 2010.
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