Updated 12/02/2009 07:40 PM
Annexation opponents wait for Lexington's next move
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LEXINGTON, N.C. – Opponents of Lexington's stalled effort to annex three communities are waiting and watching for the city's next move.
Last week, a Davidson County Superior Court judge ruled against the city on two issues opponents took to court. They said their fight against forced annexation goes far beyond the Lexington city limits.
Although Frank Hunter's Sequoya Road home has a Lexington address, that's as close as he'd ever like to be to the city that would put him on its tax rolls.
"It's been said that the only thing when you get annexation that you get, you get a trash can,” said Frank Hunter, a member of Citizens United Against Forced Annexation. “Well, I don't need a trash can."
Judge Kevin Bridges ruled against the city on two issues brought by Citizens United.
Bridges said the city did not provide sufficient legal descriptions of the three areas and failed to follow its own policies regarding accelerated installation of sewer lines.
"If we decided to hook onto the sewage system we were going to have to pay half of the cost,” said Hunter. “The cost that the city sent to me was $21,000."
Retired attorney John Frank says the group likely hasn't heard the last from the city.
"The city is going to do the least expensive thing they can do to try to stay alive,” said Frank, also a member of Citizens United. “I believe that they will try an appeal and they will lose."
North Carolina is one of a handful of states that allow involuntary annexation, which Frank said violates the 14th amendment of the U.S. Constitution, which prohibits the state from depriving any person of life, liberty or property without due process of law.
"Are we being deprived of property by this annexation? The answer has to be yes,” said Frank. ”Do we have due process of law? Absolutely none."
Opponents said no matter what happens between them and the city, they would continue their fight to have the state's annexation law overturned.
"If the city would give us the right to vote or the law would give us the right to vote, if the majority of the people wanted to be annexed, so be it,” said Hunter. ”I wouldn't be in this fight if I just had a voice."
News 14 Carolina sought comment from Lexington city manager John Gray and Anthony Fox, a Charlotte attorney representing the city. Calls were not returned.