Jackson annexation goes down in defeat

After four months that saw heated board of aldermen meetings, paid advertisements and two lawsuits, Jackson residents overwhelmingly voted against the annexation of a Fruitland quarry Tuesday.

"No" votes beat "yes" votes 843 to 658 -- a 185-vote margin -- after all four precincts and absentee ballots were counted. The measure went down 56 percent to 44 percent.

Some Jackson Board of Aldermen members, including Mayor Barbara Lohr, expressed their desire for the city to annex 240 acres including a Fruitland quarry owned by Heartland Materials as a way to the grow the city's size and economy.

"I think this lets us know the citizens of Jackson do not want us to expand," Lohr said of the proposition losing Tuesday. "We follow the will of the wishes of Jackson. This tells us what the citizens of Jackson want. They have told us no."

The election came after a handful of packed board of aldermen meetings where the opposition voiced its concerns and skepticism about how the annexation would help the city and how it would affect their neighbors in Fruitland. Several people feared the quarry is not environmentally safe and told the board of aldermen that the water in Hubble Creek was murky because of the quarry.

Others called the annexation a ruse for the city to get more money.

The battle had its roots in January 2011, when a group of Fruitland residents asked for annexation from Jackson in the hopes they'd be turned down and allowed to pursue incorporation. That act led to the annexation request by some Fruitland landowners, including the quarry's owners, in October.

Annexation of the quarry could have been a financial boon for Jackson, said Gene Penzel, who headed Citizens for the Growth of Jackson, a group that tried to persuade voters to cast ballots in favor of annexation. The presence of Heartland Materials would have provided up to 10 more jobs for the city, Penzel has said.

Although the measure Penzel fought for -- and raised $4,000 in donations for -- was voted down, nothing will change at the quarry, he said.

"The quarries are going be out in the county and will still be operating," Penzel said. "Everything will just crank along like nothing ever happened."

Tuesday's election regarding the proposed annexation may not have mattered if a lawsuit filed Thursday proves successful.

Jacob Glaus posts election results on the board at the Cape Girardeau County Administration building in Jackson on Tuesday, Feb. 7, 2012. Jackson voters defeated the proposed annexation of land in Fruitland with a vote of 843 to 658. (Kristin Eberts)

The lawsuit claims Jackson illegally annexed a portion of land along Interstate 55 and U.S. 61 in 2009. Attorney General Chris Koster gave the lawsuit his blessing by granting its filers the status of "quo warranto," which means they are essentially acting on the state's behalf.

The lawsuit was set for an April 9 case review, but John Cook, the lawyer who filed the suit, said that as long as Jackson does not try to proceed with any more annexation, he, along with eight other petitioners, will not sue the city.

"I think the city government of Jackson should read the writing on the wall," Cook said. "We will proceed if we have to, but Jackson should abandon annexation because the people have spoken."

Ken Leimbach, who had been vocal in the opposition to annexation, said Tuesday night that he was elated to hear that the measure lost.

"This has strengthened my faith in voters," he said. "It shows that we can treat our Fruitland neighbors in a kind way."

Fewer than 15 percent of registered Jackson voters found their way to the polls Tuesday. Jackson has 9,895 registered voters in the city limits, and 1,442 voted on the annexation issue.

psullivan@semissourian.com

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