Lawsuit filers, Jackson talk about undoing 2009 annexation

The group that filed a lawsuit contesting Jackson's 2009 annexation of a strip of land that leads to a Fruitland quarry would like the city to complaisantly abandon the land.

On Feb. 2, eight people submitted a lawsuit that claimed Jackson had illegally annexed a portion of land along Interstate 55 and U.S. 61 in 2009. Attorney General Chris Koster gave the filers the status of "quo warranto," which means they are essentially acting on the state's behalf.

The 2009 annexation opened the door for an annexation of the Heartland Materials quarry in Fruitland because the stretch of road helped the Jackson city limits reach the quarry.

In the 2009 ordinance that annexed the land, the city said the annexation is "reasonable and necessary to the proper development of the city."

Mayor Barbara Lohr could not be reached at her home Monday evening. When the newest lawsuit was filed earlier this month, Lohr said that the city had legally annexed the land.

Had the lawsuit been successful, it would have prevented the annexation of the quarry.

Jackson voters shot down the quarry's annexation last week and Lohr said after the election that the city will not seek to expand any farther. Now that the quarry is not being annexed, Jackson does not need the land, said John Cook, the lawyer who filed the lawsuit.

"There's no flag at end of that pole," Cook said of the annexed stretch of land and the rejected annexation of the quarry.

Cook said he began speaking to Jackson city attorney Tom Ludwig regarding the reversal of the 2009 annexation the morning after the election. The discussion has been positive for the suit's filers, albeit preliminary, Cook said.

"I'm optimistic that we will be able to resolve this in a noncontentious manner," Cook said.

Ludwig declined to comment on the discussions Monday afternoon.

Cook said Jackson has not made any commitments, but his group has pointed out the relevant laws in reversing the annexation of the land.

"What's under discussion right now is how to best undo that annexation," Cook said.

Some litigation would be needed to dissolve the 2009 annexation, but Jackson may be consensual in the proceedings, Cook said.

"I think the city is acting in good faith," he said.

The Feb. 2 lawsuit superseded one filed in November that alleged the same illegal annexation.

psullivan@semissourian.com

388-3635

Pertinent address:

Fruitland, MO