Annexation still tied up awaiting transcript

Published 6:00 am Tuesday, March 1, 2005

The city’s annexation proceedings remain in a holding patternuntil a trial transcript, now due later this month, is completed,officials said.

“Until that happens, nothing’s going to happen,” Mayor BobMassengill said.

According to Lincoln County Chancery Court filings, theMississippi Supreme Court has granted the court reporter anextension to March 11 to submit the transcript. An earlierextension set the due date at Jan. 12.

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The city’s annexation trial in late 2003 and early 2004 lastedapproximately 20 court days. Chancery clerk’s office officials saida portion of the transcript, prepared by a court reporter whocovered two days of the trial, already has been submitted.

Once the full transcript is ready, the office will have 30 daysto prepare trial exhibits and other data for submission to thestate high court. A clerk’s office spokesman said that work isalready done.

City Attorney Joe Fernald said attorneys for the city andannexation opponents each will have up to two months to review thecourt record. That total four-month review period would have theannexation trial court record headed to the supreme court in thesummer.

Supreme court justices strive to reach a disposition in a casewithin 270 days after they receive a court record. Under that timeframe, a ruling on the city’s annexation bid could be delivered inspring 2006.

Following last year’s trial, Brookhaven was approved to annex14.4 square miles of territory, which would more than triple thecity’s current size. More than 250 objectors subsequently appealedthe decision.

There had been discussion that the city may cross-appeal in aneffort to take in areas that were sought for annexation butexcluded from the judge’s ruling. Those areas included land west ofInterstate 55.

However, Massengill on Monday discounted the possibility of across-appeal.

“I don’t see that happening,” the mayor said. “I don’t see thecity pursuing that.”

Massengill added, though, that would be a board of aldermendecision. From his conversations with board members, he indicated across-appeal would not be likely.

Objectors have said the expansion area is too large and thelevel of development in the approved area does not warrant itsbeing annexed. The group also has cited infrastructure and otherissues inside the current city limits that need to be addressedbefore the city annexes.

The mayor said the annexation is important for the city’s futuredevelopment.

“We’ve got to have expansion. We’ve got to have growth,”Massengill said.