Group Files Lawsuit Against First Round of Annexations
Written by Pulse StaffOctober 28, 2009 – 5:37 pm
Hamilton County Residents Against Annexation (HCRAA) filed a lawsuit in Hamilton County Chancery Court Wednesday challenging the legality of the city of Chattanooga’s processes for expanding the city’s boundaries.
Areas around Ramsgate subdivision and Big Ridge, annexation areas 4A and 4C, were annexed by ordinance by the Chattanooga City Council in late September. Citizens represented by HCRAA had 30 days to file suit effectively halting annexation proceedings for these areas until the court cases are resolved.
“This is only the beginning,” said Kyle Holden, president of HCRAA. “As more communities annexed by ordinance face their deadlines for filing we will file suits to protect those communities. We believe this is a winnable effort and we are resolved to see it through.”
The HCRAA believes there are very specific statutory guidelines to be met before a municipality can move forward with annexation by ordinance. Some of the statutory requirements include: previously annexed city residents must be receiving city services promised to newly annexed areas; there must be a plan of services for providing necessary services to the newly acquired areas; and annexation can only take place if all parties would be “materially retarded” by absence of annexation.
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