Fruitland residents given more time to decide next move on incorporation

Residents of Fruitland returned to the Cape Girardeau County Commission meeting chambers Thursday with a plea for more time to decide whether to withdraw a petition that asks for their community to become an incorporated city.

Commissioners on Monday said the residents had until Thursday to review an opinion from an attorney hired by the commission and choose to withdraw, or the commission would vote down the petition. The attorney, Helmut Starr of St. Louis, said after a review of the petition that county commissioners had no jurisdiction to vote to place an incorporation question on a ballot since the petition did not appear to meet several requirements set out in state law for incorporation of communities.

Deborah Griffin, a Fruitland resident and member of Friends of Fruitland, a group that supports incorporation into a fourth-class city, told commissioners the group would like at least 30, if not 60, days to have another lawyer review the petition and Starr's opinion before making a decision about whether to withdraw and begin anew the process, which for the group would include approaching Cape Girardeau and Jackson for annexation in the hopes of being turned down.

"We thought everything was correct already, and done and right. We were really surprised," Griffin said.

The group also likely would have to recollect petition signatures if it decides to withdraw the petition and begin a new one.

Fruitland residents said they want to incorporate so they are not annexed by the city of Jackson and can control the growth and development of their community. Some fear the city of Jackson seeks to turn areas around their homes into an industrial park.

Commissioners answered the residents Monday by not making a motion to vote on the petition, meaning the petitioners are allowing the time requested for additional review. Commissioners did, however, remind residents that waiting on either the withdrawal of the petition or allowing the commission to act would prolong the process that would need to begin for another incorporation petition to be filed and considered.

During the incorporation process, cities within two miles of the area up for incorporation must be approached with an annexation offer. Any city approached for annexation has one year to decide whether to annex.

In August 2011, Fruitland residents filed an incorporation petition that was voted down by the commission. The same petition prompted the city of Jackson to hold a vote in February 2012 on whether to annex parts of Fruitland. Jackson voters answered no.

eragan@semissourian.com

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Pertinent address:

1 Barton Square, Jackson, MO

Fruitland, MO