Opponents hope lawsuit foils Jackson's annexation efforts

As Jackson city officials approach the eleventh hour in announcing their intent to involuntarily annex Fruitland, a lawsuit filed by residents Monday calls into question whether the city has the legal authority to make such a decision.

Six residents of Fruitland, two from Jackson and the not-for-profit Save Our Children's Health Inc. retained former Jackson city attorney John Lichtenegger this month. Filed Nov. 21, the suit asks for a judgment to void a 2009 city ordinance that annexed the land along U.S. 61 that connects Fruitland to the bulk of Jackson.

The plaintiffs, some of whom are also working toward independent incorporation of Fruitland, say that making the highway land part of the city was illegal. They claim that state law does not allow for annexation of such a narrow, irregular strip that falls so far from the existing city limits.

Incorporation of an area requires that cities within two miles decline to annex it. Without that strip, the perimeter of the proposed Fruitland village would not fall close enough to Jackson for involuntary annexation and the area would be free to independently incorporate.

The suit also asks for a permanent injunction against any future attempts to annex the area and for reimbursement of the plaintiffs' costs.

Tom Ludwig, Jackson city attorney, said Wednesday that a victory by the plaintiffs could theoretically nullify five annexation actions under consideration by the city, since loss of the U.S. 61 strip would destroy the connection between all those areas and the city limits.

However, he said the city doesn't think the plaintiffs will win.

Ludwig said he could not comment on details of the lawsuit in order to protect trial strategy.

"We are going to put together a vigorous defense," he said.

Mayor Barbara Lohr confirmed that the board of aldermen is scheduled to vote Monday on a resolution to move forward with involuntarily annexing Fruitland and will present plans outlining how the city will bring city services to the area. Ludwig said he expects the aldermen will continue to vote to reflect their beliefs about what is best for the people of Jackson, despite the lawsuit.

Plans by the city hint at the way things may go Monday. Lohr said the board agenda includes authorizing the city attorney to formally advise Cape Girardeau County that Jackson is opposed to Fruitland incorporating independently. The board is also planning to set a date for a public vote on the involuntary annexation, as required by law, to coincide with the first available election, the presidential primary Feb. 7.

Plaintiffs in the lawsuit against the city did not want to speculate on how actions by the board Monday night might affect pressing forward with the suit.

Jackson residents have joined the cause on a civic front by opposing the voluntary annexation of land containing Heartland Materials quarry within the larger Fruitland parcel.

Instead of waiting for the dust to settle in the Fruitland annexation clash, quarry and landowners decided to apply to become part of the city voluntarily, saying they want to strengthen their business relationship with Jackson. Three adjoining landowners, including a second quarry and people interested in establishing a sawmill and salvage and recycling operations, followed with their own requests.

As residents of the county, Fruitland had no hope of making a successful appeal against the initial voluntary agreement. They joined with people of Jackson to submit a petition Monday afternoon that, subject to verification by the county clerk, may have signatures of more than 5 percent of city voters, enough to stall action by the board of aldermen on the Heartland annexation and bring the issue to the ballot. Lohr said that vote would also be Feb. 7, in an effort to avoid the expense of a special election.

Should the annexation of the Heartland Materials land fail, all three subsequent applicants for voluntary annexation will become ineligible. They fall on the other side of the first parcel and, without the quarry land to connect them to Jackson, are not near enough to existing city limits to allow them to join.

Plans by the board of aldermen to hold public hearings related to the four voluntary annexations have been put on hold.

salderman@semissourian.com

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Fruitland, MO