published Tuesday, March 3rd, 2009

Some residents to fight Collegedale annexation

by Elizabeth Ryan

A public hearing on the annexation of commercial property in Collegedale is planned for April 6, but some property owners have said they plan a fight.

Margie Moon, a Bradley County resident who owns commercial property along Lee Highway, told the Board of Commissioners on Monday that she opposes the plan, following the 2005 annexation of a 50-foot piece of her property she said was given to an adjacent property owner.

While most of the land is commercial property along Lee Highway and Apison Pike, five of the tracts approved for annexation are residences along Apison Pike near C&P Enterprises.

The annexation also includes a 10-acre parcel near the new baseball fields, which likely will be developed into commercial buildings out front and residential behind, Mayor John Turner said.

Ms. Moon also complained that she did not receive a letter from the city about the annexation until after the initial vote on the issue was held on Feb. 16.

Attorney Sam Elliott said the city had posted the notice in the Times Free Press, which constitutes fair notice under state law.

“As a matter of law, the city is not required to send out letters,” he said. “As a matter of courtesy and a matter of practice, we do it here ... but legally we’re not required to do it.”

Building, codes and safety officer Tim Elliott, who was responsible for sending the notices, said the Presidents Day holiday delayed mail delivery until after the vote.

Mr. Elliott resigned last week after failing to pass his commercial inspection certification exam, City Manager Ted Rogers said.

The city hired Andrew Morkert to replace Mr. Elliott, Mr. Rogers said. Mr. Morkert is certified in commercial and residential building inspection and will begin on March 9.

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