Annex fight tied up in court

A series of annexation lawsuits filed against the city could be heard by the end this year, city officials said this week.

"I knew the opponents would drag it out as long as possible," Mayor Ron Littlefield said. "They won't be allowed to slow walk this."

After the city started annexing hundreds of residences last year, the group Hamilton County Residents Against Annexation stopped part of the process by filing suits in Hamilton County General Sessions and Chancery courts. Since that time, the lawsuits have been tied up in court awaiting trial dates.

City Attorney Mike McMahan said the first annexation lawsuit could possibly go to trial by December. He said there could be more cases heard this year, but most would probably be heard next year.

"It's slower than I hoped," he said. "But I didn't have any illusions we'd try all the cases this year," he said.

Asked how much annexation has cost the city so far, he said there have been no legal costs so far, aside from salaries paid at the city attorney's office.

But Councilman Russell Gilbert, who has voted against annexation every time it has been brought before the council, said the cost of providing infrastructure and services right now is too much. He said he thinks the city's current budget problems reflect that.

"It was not a good time to annex and obviously it's showing right now," he said.

Kyle Holden, president of Hamilton County Residents Against Annexation, said dragging out the cases is one strategy the group could use.

STORY SO FARIn August, the Chattanooga started a series of annexations of hundreds of residences and commercial properties around its borders that lie within the city's urban growth area. Hamilton County Residents Against Annexation filed suits to stop the annexations in October and November. The areas taking part in the suits are currently in the court system awaiting trial dates or settlements, officials said.

"Every Jan. 1 that passes, that's another day taxpayers don't pay," he said.

The group wants to go to trial at some point, he said, because their cases are winnable . So far, the anti-annexation group has spent in the tens of thousands of dollars battling the city, he said.

Mr. Littlefield defended the annexations and said there have been no extra costs, saying fire stations and extra police were needed with or without annexation. He said he thinks the city will win the cases.

"I'm confident when we get to court this will be dispensed with," he said.

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