Big crowd objects to annexation

Published 6:00 am Tuesday, March 4, 2003

A standing room only audience filled the Lincoln County ChanceryCourtroom Tuesday morning for the first court date in Brookhaven’sannexation request.

“I would say be seated, but I don’t think that’s possible,” saidJudge Ed Patten as he entered the courtroom.

Patten said Tuesday’s hearing was not for annexation objectionsto be heard, but for those opposed to the city expansion to makethemselves known. Court officials are compiling a list ofobjectors.

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Approximately 60 families filled out forms stating their names,address, phone numbers and whether they had an attorney. None ofthose present Tuesday had attorneys.

“It will enable you to be notified whenever there is anythinggoing on as far as this annexation case,” Patten said aboutcompleting the objector list.

After objector lists were completed, Patten ordered the casecontinued until May 6 at 1 p.m.

A status conference was set for that day to set deadlines fordiscovery, a scheduling order and other case matters. Patten warnedthat date could change, but assured objectors they would benotified of any changes.

Patten expected the city’s annexation trial to be held sometimein the fall.

Jerry Mills, the city’s annexation attorney, estimated the trialwould take six to eight days. However, Patten said he thought theattorney was being generous in that assessment.

“One thing that is weighing on my mind is whether I will recusemyself from this trial,” Patten said.

Patten said he would consider other court matters and how theannexation case could impinge upon those. If he recuses himself,the judge said he would retain jurisdiction over schedulingissues.

In the event of a recusal, a special chancellor would be namedby the state Supreme Court. Patten said the special chancellorwould have time to devote to the case without having to deal withother court matters.

“Basically, it’s just finding a courtroom to try the case,”Patten said.

Patten advised objectors to get an attorney who is familiar withthe intricacies of annexation. He said an attorney would helpensure that their rights are protected and would help the processrun more smoothly.

The judge said more than one person could hire the sameattorney.

“You need to make sure your interests are in common on theobjections,” Patten said, explaining that different areas may havedifferent reasons to oppose the annexation.

For objectors concerned about increased taxes due to annexation,Patten said that is not enough to deny a city expansion.

“I can tell you the supreme court has ruled that’s notsufficient reason,” Patten said.

Several in the audience expressed concerns about the time of thehearing and some people’s inability to attend. Patten said thoseopposed to annexation could complete an objector form in ChanceryClerk Tillmon Bishop’s office or at another time during theannexation trial process.

“Just because you’re not here today doesn’t mean you can’t showup and object at any phase,” Patten said.