The city of Lexington could annex about 1,600 Davidson County residents next year after a judge ruled in the city's favor on several issues raised in a lawsuit.
The decision is a reversal from last month when the judge ruled in favor of a group that filed the lawsuit against the city last year. But after meeting with attorneys on both sides to clarify his initial ruling, Judge Kevin N. Bridges of Davidson Superior Court said that the annexation could move forward after the city makes some minor corrections to its plan.
"We feel good about it," Mayor John Walser said. "We felt the ruling was going to be changed. We're pleased with what's happened."
The group, Citizens Against Forced Annexation, filed the 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. The city eventually voted to drop Winston Road after determining that the legal description of the area was incorrect.
In last month's ruling, Bridges said that the city didn't follow its policy on extending sewer service to annexed residents.
The city is required 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, which could be substantial, within 14 days of getting the contract.
Bridges ruled that the 14-day requirement was not part of the city's financial policies. He also said that the legal description of the areas in the annexation ordinances did not meet statutory requirements.
In that initial ruling, he declined to rule on five claims against the city:
□ That the city's annexation report did not accurately specify the acreage of the annexation area.
□ That the report did not have a sufficient map for one of the areas.
□ That the city's initial annexation resolution and public notices did not adequately describe the annexation areas.
□ That the report didn't sufficiently describe the annexations' effect on rural fire departments;
□ That one of the annexation areas was not sufficiently developed to be annexed.
On Dec. 7, Bridges met with attorneys for the city and the citizens group to clarify his ruling. After that meeting, he ruled in the city's favor on all five claims and told city officials to correct the legal descriptions in the annexation ordinance and work with residents who had filed an accurate request for accelerated sewer service.
Some residents had filed the request forms with a sticker on them that said "I agree to the same water/sewer extension policy that is in effect for city residents pursuant to N.C. Statute 160A-47 (3) B." The statute lays out how the city is to provide sewer service to areas that it annexes.
City officials rejected forms with the stickers.
Anthony Fox, the attorney representing the city, said that residents who filed forms without stickers can negotiate with the city on the 14-day requirement and the share of the cost.
He said that the city has 120 days to make the corrections and then, the Lexington City Council would vote on a new annexation ordinance. Opponents would have 60 days to appeal the ordinance.
If there are no appeals, the annexation could take effect sometime next year, Fox said.
Annexation opponents are considering appealing the most recent ruling from Bridges to the N.C. Court of Appeals, said Robert Hornik, the attorney who represents Citizens Against Forced Annexation.
He said he isn't sure that the city can make the necessary corrections.
"If they try to fix it, depending on how they try to fix it, there may be other issues," he said.
mhewlett@wsjournal.com
727-7326
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