Fruitland incorporation petition officially withdrawn

A group of Fruitland residents officially withdrew an incorporation petition for their community with a letter presented Monday to the Cape Girardeau County Commission.

Commissioners agreed in April to give the group Friends of Fruitland more time to decide on the withdrawal after an attorney hired by commissioners said the petition did not meet requirements set forth in state law for incorporation of towns and cities.

The group sought to have the community incorporated as a fourth-class city as means of protection from outside interests and control growth and development.

President of the group, Sheila Luttrull, on Friday said the group isn't finished with its effort toward incorporation, but has decided to re-evaluate its next steps.

The commission's attorney said commissioners had no jurisdiction to make the call on placing an incorporation question before voters because the group did not approach nearby cities with an annexation request. The attorney, Helmut Starr, also said the group needed to re-collect signatures from residents, since the same were used as included in a prior petition. The group tried to have Fruitland incorporated as a village in 2011, but commissioners did not approve the petition.

The group will meet Thursday to plan its next attempt at incorporation. It has talked with attorneys that specialize in municipal law but has not yet decided whether it will hire one because of the cost.

The county paid $7,645 for its attorney to review the petition and issue a legal opinion. The services were billed at $275 per hour for 27.8 hours.

Associate Commissioner Paul Koeper acknowledged Monday the residents were disappointed with the outcome of their latest effort, but said the commission would continue to work with the group.

"I know they didn't like it, but we did a lot of groundwork for them, and if they come back and meet the criteria, we are back on board," Koeper said.

Luttrull said the group will work off the advice of the commission's attorney as it moves forward.

eragan@semissourian.com

388-3627

Pertinent address:

1 Barton Square, Jackson, MO

Fruitland, MO