Lawsuit challenging Jackson annexation continued

A civil case that alleges that Jackson illegally annexed the strip of highway that leads to Fruitland was continued Monday.

Attorney Thad Michael Brady of the Cape Girardeau firm Lichtenegger, Weiss & Fetterhoff, LLC is representing the case's eight filers, which include residents of Fruitland and the organization Save Our Children's Health, Inc.

Brady said the case was continued for 60 days, but that his office was "likely to be filing a motion for judgment within the coming week."

Mary Boner of Ludwig & Boner, LC of Jackson appeared in place of Tom Ludwig, who was out of town. She said her understanding was that "some discovery needed to occur," requiring the continuance.

Jackson annexed land along Interstate 55 and U.S. 61 in 2009, opening the door for expansion into the Fruitland community. Last year, a series of landowners at the end of the highway strip, including parcels containing two quarries, applied for voluntary annexation to the city. They were accepted by the city, but petitioners forced the matter to a vote and it was overturned at the ballot in February.

The case alleges that the highway land annexed by Jackson violates state law, which prohibits annexation of areas connected to the city only by "a strip of real property less than one-quarter mile in width." Annexations of narrow strips created solely to connect to larger land masses are referred to as "flag annexations" and have been overturned in court.

Jackson has responded by challenging the constitutionality of the statute. Ludwig said in January that the city acted legally and that the annexation was intended to create a method for the city to provide services requested by Missouri Department of Transportation vehicle shed at U.S. 61 and Route W and to prepare for the "orderly growth of Jackson for the next 20 years."

A victory for filers would mean that Jackson would not be able to annex Fruitland properties in the future until the city boundaries grew to become adjacent to that area.

The case, filed Feb. 2, was granted "quo warranto" status by Attorney General Chris Koster, which essentially means filers are acting on the state's behalf.

Pertinent address:

Fruitland, MO

Jackson, MO