From the Murfreesboro Daily News Journal

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August 12, 2006

Suit filed to halt city's annexation
By ROGER GARFIELD
rgarfield@dnj.com

Blackman community residents recently annexed by the city of Murfreesboro have filed a lawsuit in the Rutherford County Chancery Court to stop it from taking effect.

Fifty-one citizens living south of Manson Pike near the northern stretch of Brinkley Road banded together as plaintiffs in the lawsuit. The citizens have Murfreesboro addresses but receive services through Rutherford County.

Richard Merryman, who has lived on Brinkley Road for 14 years, spearheaded the effort to file the suit.

"From the day we were annexed, we only had 30 days to get it all done," Merryman said. "Now, since the lawsuit has been filed, the annexation is effectively stopped until there's some disposition in the court."

Exactly how the suit will proceed depends on the action of the Chancery Court chancellor, who will determine whether the city can still annex while the suit is pending.

Merryman received help from other concerned residents in putting the suit together, as well as a push from Citizens for Home Rule, a Knoxville-based nonprofit group dedicated to preserving the property rights of citizens under forced annexation.

"We could have hired a local attorney, but they really weren't as familiar with this type of lawsuit," Merryman said. "When we found CHR — they've been doing it for 25 years — it was not like we were reinventing the wheel. All these cities do the same thing, they have the same reasons, so we felt pretty comfortable going with them."

Merryman said CHR told him the lawsuit wouldn't appear in court for one or two years, and the entire issue may not be settled for three or four years.

"Once there is some resolution, if court does rule in favor of city, annexation starts at that point," said Merryman. "But we don't anticipate that."

City Attorney Susan McGannon had no comment on the matter Friday, and spokesman Chris Shofner said the city would not comment until the suit has been officially served.

The annexation threat began to intensify July 13 when the Murfreesboro City Council approved annexation of 15 acres of Jeff and Jodi Bell's property along the south side of Manson Pike, west of Brinkley Road. Once annexed into the city, the Bells' property created a 268-acre "island" of Rutherford County residents surrounded by Murfreesboro city limits — something city officials believe causes a disconnection in services and planning.

"We were the hole in the doughnut," Merryman said, adding he thought the city had developed surrounding property for years behind the citizens' backs. "They closed us in."

While the concerned residents fought against annexation through a petition and by voicing their opinion at public meetings, Merryman still didn't think they had a say in the decision.

"The law says, if a group of citizens want to be annexed they can come together, present it to a municipality and that can happen," he said. "But if the city wants to annex, you have no voice."

John Kinnard, who assisted Merryman in facilitating the filing process, said a lawsuit was their only choice.

"We feel like we were forced to do this to be heard," Kinnard said. "When we went to planning commission, we said we do not want to be annexed. But the planning commission said it's inevitable, so we're going to annex you."

And when the city notified citizens of the annexation in July, not everyone got wind of the correct plan.

"I received two notifications on the same day, and both of them were incorrect," said area resident Ron Robertson. "How wasteful is it they deliver two notices, they're both incorrect? One of them didn't have the area marked off correctly, and the second one had the wrong dates on it. I looked at it and said, 'Well, this didn't even involve me.'"

Robertson, who has lived on Brinkley Road for 20 years, said the city delivered trash bins to him and his neighbors this week, which came as a surprise because, to their knowledge, Rutherford County still provides their services.

"They don't know what's going on," Robertson said. "They're not that efficient running now. Do they really need to be expanding?"

While the lawsuit doesn't forever prevent the city from annexing the 268 acres, Robertson thinks it will send a message.

"I feel like now the city might look and go, maybe we better listen to our citizens," he said. "We've at least made them slow down and think about the process, and that can't be a bad thing."

— Roger Garfield, 278-5102

From the Murfreesboro Daily News Journal

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July 31, 2006

Neighbors to sue city over annexation
Manson Pike area residents claim property rights violated
By ERIN EDGEMON
edgemon@dnj.com
— Erin Edgemon, 278-5161

Annexed residents living just south of Manson Pike are preparing to fight city hall.

Citizens for Home Rule, a Knoxville-based nonprofit group that opposes forced annexations, agreed to file a lawsuit against the city of Murfreesboro on behalf of the residents living on 268 acres annexed two weeks ago. About 40 of the estimated 264 residents living in the area south of Manson Pike including such streets as Rexland Place, Cloverhill Drive, Willowbend Drive and the northern section of Brinkley Road have joined the organization.

An attorney for the organization is expected to file the lawsuit in Rutherford County Chancery Court by Aug. 11.

Richard Merryman, a 14-year resident of Brinkley Road, said he organized his neighbors to join the group because the city of Murfreesboro chose to listen to one developer rather than the wishes of the residents there.

"We felt like we know they are violating our property rights," he said, adding the city didn't have to annex 15 acres on Manson Pike near state Route 840 as requested by a developer.

Murfreesboro Mayor Tommy Bragg said a court decision in the matter of annexation will give residents some needed answers.

"The city feels it is doing the right thing," he said.

The opening of the Blackman Schools about six years ago coupled with the availability of sanitary sewer service in the area made building homes there attractive to developers. To gain access to sewer and other city services, these developers needed their property annexed.

This has left many existing county subdivisions and residences virtually surrounded by the city of Murfreesboro.

"The city is trying to do the right thing by encompassing those areas that are lying in the city limits," Bragg said.

The Murfreesboro City Council approved the annexation of Jeff and Jodi Bell's property and the additional acreage July 13.

An annexation request by the Bells for 15 acres along the south side of Manson Pike west of Brinkley Road caused the city of Murfreesboro to study the annexation of 268 additional acres. The Bells wanted annexation so they could be rezoned RS-12 to allow for a 31-lot subdivision with sanitary sewer service and city services.

Annexing the Bell property would create an "island" of 268 acres inside the Murfreesboro city limits. City officials maintain "islands" cause a disconnection in city services and planning. The creation of islands also hasn't been held up in legal precedent, specifically in the 1978 Tennessee Supreme Court ruling cited by Murfreesboro officials that involves the city of Kingsport.

The Supreme Court in the case ruled that the creation of an 85-acre island wasn't "reasonable."

Until islands pop up, the city has a policy of annexing only property that has been requested.

Additionally, the property is located within the city's urban growth boundary and the city is within its rights to annex. The city is required to provide services within a reasonable amount of time, but state law doesn't define that length of time.

Merryman said the city created the island by annexing around them for years. "It is poor planning on their part," he said. "We feel they are annexing on our backs. I feel they are annexing for the revenues."

According to the state's annexation law, residents have 30 days from the final passage of the annexation to file suit.

John Emison, president of CHR, said the filing of the suit keeps the annexation from going into effect until it is settled in court.

Ron Robertson, a resident of Brinkley Road for more than 20 years, said the annexation would lower his property value and quality of life. He is concerned that incorporation will cause commercial growth in the area.

"Maybe a lawsuit will show city hall that maybe they need to listen to the citizens," Robertson said.

He said the city didn't have to annex the Bell property.

"Since when should one person rule out everyone else," Robertson said.

Annexed residents would receive city police and fire protection, access to city schools, garbage and debris collection and electric service. They would not receive sanitary sewer service, sidewalks or curb and gutters in their subdivisions.

"We are really upset about it because they are basically giving us no more services than we already have," Merryman said.

Annexations are fueling Rutherford County's debt and creating more revenues for the city of Murfreesboro, he added.

The city of Murfreesboro is poised to receive approximately $70,498 a year in property taxes from existing residents.

CHR asked at least 30 residents to join the organization and pay annual dues of $50 before the organization would agree to represent the neighborhood and pay all legal fees.

According to an open letter that was left at the door of residents in the Manson Pike area neighborhoods, CHR is presently sponsoring approximately 200 lawsuits against the city of Knoxville on behalf of members. The organization also has filed suits on behalf of members against annexations in Sumner and Dickson counties.

Emison said to date the organization's attorney has never lost an annexation case.

According to the state's growth law, in a lawsuit the plaintiff has to prove the annexation is "unreasonable for the overall well-being of the communities involved" or "the health, safety and welfare of the citizens and property owners of the municipality and (the annexed) territory will not be materially retarded in the absence of such annexation."

Residents living on 1,970 acres in the Blackman and Salem communities also are considering joining CHR and having the organization represent them if their homes are annexed by the city. That annexation hasn't reached the City Council.

From the Murfreesboro Daily News Journal

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July 26, 2006

Residents threaten lawsuit
over city's annexation plan
By ERIN EDGEMON
edgemon@dnj.com
— Erin Edgemon, 278-5161

Blackman and Salem community residents facing a possible forced annexation in west Murfreesboro are preparing to take legal action.

"I don't feel any reason or any necessary need for our area to be annexed," Marni Bocknack of Quaker Court said at Tuesday night's public hearing before the Murfreesboro Planning Commission.

Bocknack and other residents have contacted the Knoxville-based Citizens for Home Rule Inc., a nonprofit organization that fights legal battles for members involved in an unwanted annexation.

"They believe in what we are trying to fight for," she said.

The city of Murfreesboro is studying the annexation of approximately 1,970 acres and nearly 1,000 residents, duplexes, churches and businesses stretching from Gresham Lane to the north, along Rucker Lane and to the south along Old Salem Road.

"I think forced annexation — any annexation that is taking place against the will and the consent of the homeowner is a form of taxation without representation," said John A. Emison, president of Citizens for Home Rule, in a phone interview with The Daily News Journal Tuesday.

"There appears to be a fairly substantial number of people who appear poised to (join)," he said. "Our board voted in a meeting last week that we would get involved on behalf of this group of people if we get at least 30 memberships from Rutherford County."

Dozens of residents spoke out against the annexation in a series of three informational neighborhood meetings and three public hearings before the Murfreesboro Planning Commission.

Tuesday night was the last chance residents of the area being studied for annexation had to share their thoughts with the Murfreesboro Planning Commission. The body is now charged with deciding whether to recommend the annexation to the Murfreesboro City Council.

Residents say there is no law or any justifiable reason why they should be annexed. They say the city should build roads and schools first before allowing more growth. They also are worried their elementary school children will be zoned out of Blackman Schools, and they don't want to lose their country lifestyle and much of their disposable income.

John Cain of Calvary Court said the city of Murfreesboro should annex only if it is the will of the people. Annexation would put a burden on his single-income family, he said.

Cain and his family looked all around the Middle Tennessee area before deciding to settle recently in Rutherford County. The family moved to the county from Birmingham, Ala., because Cain's company relocated to Brentwood — 30 miles northwest of Murfreesboro.

"We really enjoy living here," he said.

The city of Murfreesboro is looking at annexation because a developer, Rowland and Rowland Investments, requested the annexation of 122 acres along Rucker Lane to allow for the development of a high-density subdivision with sanitary sewer and city services.

Annexation of that property would create an "island" of approximately 1,282 acres of unincorporated property — stretching from Gresham Lane to the north and along Rucker Lane — within the city limits. Another 688 acres around Old Salem Road is being studied for annexation due to the future construction of the Southwest Loop Road.

City officials maintain the city has a long-standing policy that forbids islands disconnecting residents from city services.

Dan Decker of state Route 99 (New Salem Highway) said the 688-acre area along Rucker Lane including Old Salem Road and segments of New Salem Highway and Armstrong Valley Road shouldn't be annexed because the area would not become an "island" if the Rowland and Rowland property is annexed.

He said 450 acres of that area is owned by 10 parties and none of them has plans to sell or develop their property in the near future.

"We present to you that there is no logical reason to annex this area at the present time because there is no reason to," Decker said.

Karen Mastly of Confederate Road said she won't receive any real benefits if annexed.

"I see no reason for it except I am going to get trash," she said. "I am going to pay $600-plus (in city taxes) a year to get trash."

The city would offer police and fire protection, access to city schools, garbage collection and some utilities when they can be made available. They will not receive sanitary sewer service, sidewalks or curb and gutters in their subdivisions. City taxes on a home appraised for $200,000 would be about $860 annually.

Click here to read more articles about Rutherford County Annexations from the Murfreesboro Daily News Journal