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published Tuesday, November 17th, 2009

Annexation suits could take months for trial

Audio clip

Bill Reesor

With lawsuits tying up Chattanooga's proposed annexation of several areas, it could take a year before anyone knows whether the annexations will go through, City Attorney Mike McMahan said Monday.

"A year for sure," Mr. McMahan said. "A year is our goal. That's assuming there are appeals."

Over the last three weeks, Hamilton County Residents Against Annexation have filed six lawsuits in an attempt to stop annexation of areas the city voted to take in more than a month ago.

The disputed areas include the Ramsgate subdivision, an area east of Morris Hill Road, a commercial area along Hunter Road in Ooltewah and commercial properties south of Old Lee Highway.

Members of the anti-annexation group say other suits could follow in coming weeks as they try to stop annexations along Lookout Mountain, commercial areas along Highway 58 and the Summit area north of Old Lee Highway.

Mr. McMahan said the city is in the midst of drafting a response to the lawsuits already filed. The city has 30 days to respond from the time a suit is filed, he said. After that, the two groups go into depositions until a court date is set.

LAWSUITS FILED

* Ramsgate subdivision

* Area off Big Creek Road

* Area east of Morris Hill Road

* Commercial area along Hunter Road in Ooltewah

* Two commercial areas along the southern end of Old Lee Highway

Source: Newspaper archives

Mr. McMahan said he thinks the cases could go to trial next year.

"It could possibly be tried next year," he said. "Next summer."

David Buuck, attorney for Hamilton County Residents Against Annexation, said Monday he had heard Mayor Ron Littlefield make statements that the entire process could be done by April.

"I don't know how it could be done by April" with appeals and everything else added on, he said.

One strategy the city might use is to try to consolidate all the cases, he said.

"I would oppose that," Mr. Buuck said.

Because the annexations include commercial areas along with residential areas, each annexation is distinct, he said.

Bill Reesor, board member for Hamilton County Residents Against Annexation, said Monday that nothing can be done until the city files its response.

"It's kind of in limbo now," he said.

Mr. Littlefield suspended annexation of some residential areas almost a month ago, trying to entice the county to come to the table and talk about consolidating the city and county governments into one.

Mr. Reesor said the group would rather the city continue those talks and not annex the areas that have already been voted on by the City Council.

"We're not looking forward to a court fight, but we're prepared for it," Mr. Reesor said.

about Cliff Hightower...

Cliff has worked for the Times Free Press for five years and covers Chattanooga city government. He previously covered Rhea County, as well as transportation and growth and development in Southeast Tennessee. A native of Maryville, Tenn., Cliff graduated in 2003 from the University of Tennessee with a bachelor’s degree in communications with an emphasis on journalism. Before coming to Chattanooga, he was a crime reporter with Hernando Today, a supplement of The Tampa (Fla.) ...

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