A special chancellor has approved the annexation of most ofBrookhaven’s requested area, although land west of Interstate 55and a private landowner’s property elsewhere were excluded from theexpansion.

In the opinion sent to the Lincoln County Chancery Clerk’soffice Tuesday, Special Chancellor John C. Ross Jr. ruled that thecity could take in most of its requested 16.6 square miles in theproposed annexation area. The judge, though, left out territorywest of the interstate and Gordon Redd’s property in the extremenortheast portion of the area.

“The court does find … the balance of the territory in theproposed annexation to be reasonable in its inclusion within theenlarged municipal boundaries of the City of Brookhaven,” Rosssaid.

Representatives on both sides of the city limits issue voicedapproval with the judge’s ruling.

“I’m proud it went through,” said Mayor Pro Tem Terry Bates. “Itwas long overdue.”

Bates said the city had spent a lot of time and money over theyears studying the issue.

“It’s going to be a great asset for the city,” said Bates,citing opportunities to attract more jobs through businesses andindustries to Brookhaven because of the expansion. “This city isgrowing and wants to grow.”

City Attorney Joe Fernald estimated the city received about 80percent of its requested annexation. He said the approvedannexation would increase the city’s population from under 10,000to between 12,000 and 13,500.

“I’m glad we got what we got,” Fernald said. “I think it was afair annexation.”

Carlisle Henderson, an attorney who represented over 200objectors who had challenged the city’s ability to meetexpansion-related obligations, focused on the area that wasexcluded.

“The land that the judge decided to leave out of the annexationrepresents a significant portion of the land area,” Henderson said.”I’m happy with that.”

Included in the area west of the interstate are a family dairyfarm, Brookhaven Academy and Sagewood subdivision. Henderson saidhe was pleased for those people and others who would not be broughtinto the city.

“There were some people over there who were really concernedabout this,” Henderson said.

For those scheduled to be part of the city, they still have theoption to appeal the judge’s decision. Prospects of an appeal,however, were uncertain Tuesday and Wednesday morning.

“At this time, I don’t think so,” Henderson said Wednesday,although he added that he had not spoken with clients or otherattorneys in the case.

Henderson did not wish to speculate further on appealpossibilities.

At Tuesday night’s board of aldermen meeting, Fernald indicatedhe thought an appeal was doubtful. He said the cost of an appealwould be “extraordinary.”

Fernald mentioned that it cost the city $1,300 just to have onewitness’s testimony transcribed for a court filing. He also alludedto other legal costs associated with an appeal.

“I don’t know if they (opponents) have the resources to dothat,” Fernald said.

If there is no appeal, the annexation will become effective inabout 30 days. It was not clear Tuesday whether the effective dateis 30 days after the judge’s opinion is issued or if it is afterthe final court order is entered.

Ross requested that the city’s attorneys draft an orderconsistent with his opinion. Fernald said annexation consultantsBridge and Slaughter have begun work on a final map so that theorder can be prepared.

In his 23-page ruling, Ross discussed the 12 indicia ofreasonableness the city had to prove for the annexation to begranted. Those included the city’s need to expand, path of growth,natural barriers, potential health hazards in the proposedannexation area, the city’s financial ability to provide timelyservices, a need for zoning and planning, a need for municipallevel services, the city’s past performance in previousannexations, the impact on residents and property owners, minorityvoting strength concerns and fair share issues.

Ross agreed with the city’s position regarding most of theindicia. However, he cited a natural barrier concern whendiscussing area west of the interstate.

“While not a natural barrier, Interstate 55 does provide abarrier of sorts in limiting the readily available and inexpensiveservice of utilities to the area,” Ross said.

Regarding Redd’s property, Ross said he and court personnel hada chance to view the property during the course of the trial.

“The area is strictly unimproved wooded land with many highhills and low bottoms,” the judge said. “None of the proof offeredby the City of Brookhaven established that Brookhaven was going toprovide municipal level services to that area.”

In rejecting the area west of the interstate, Ross also citedtestimony from several objectors regarding the negative impact ofannexation on their various activities. The judge noted that someparts of the area would not receive city water and sewer servicesuntil Phase II, which could be five or more years down theroad.

“The court finds that the proof clearly establishes that theproposed benefits of being brought into the City of Brookhaven arefar outweighed by the disadvantages or detriment which annexationwould cause all of the property west of Interstate 55,” Rosssaid.

With the city’s population scheduled to return to more than10,000, the board of aldermen will stay at seven members. Had theannexation not been approved, the city would have had to redistrictfor five aldermen.

Fernald said the annexation consultants are working on a newward line map for the city. It will need to get U.S. Department ofJustice pre-clearance before next year’s city elections.

Bates said he was pleased that the city would be able to keepseven aldermen.

“We don’t need to go backward. We need to go forward,” Batessaid.