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McLeansville residents fight annexation in court

Monday, June 22, 2009

(Updated 11:09 pm)

By Amanda Lehmert
Staff Writer

GREENSBORO — Neighbors from three McLeansville subdivisions are suing the city of Greensboro for annexing them.

Judge Ripley Rand issued a temporary restraining order against the city and will hear arguments in the case June 29, hours before the June 30 annexation is scheduled to take place.

It’s the latest move by area residents to stop the city from annexing 151 acres in the county.

City Planning Director Dick Hails said the city has temporarily held back on preparations to add city services to the area while the legal issues are sorted out.

Between 1997 and 2000, developers of the Whitehurst Village, Hartwood Village and Laurel Park subdivisions — located just east of the city off I-85 in the area of Mount Hope Church Road — asked the city to annex the land in exchange for Greensboro water and sewer. Residents currently have those services.

“The legal department and the planning department from the city of Greensboro has been making this deal with developers throughout the county for the last 10 years or so,” said Lyle Cunningham, an officer of the Whitehurst Village homeowners association and one of four plaintiffs in the lawsuit.

By 2008, when the city got around to taking action on annexing the three subdivisions, neighbors told the City Council they were not aware they were scheduled to become part of Greensboro.

The City Council voted to wait a year to make the annexation decision.

When the second annexation hearing came around in April 2009, 39 homeowners signed petitions to withdraw the annexation requests made by the developers years ago. City Attorney Terry Wood said the petitions had no legal standing and the council members approved the annexation after two readings of the issue.

That petition to withdraw may be one of the lawsuit issues that will be argued in court next week.

“We just want to be fair to everybody,” said Wood, who said the city has worked in good faith to fulfill its obligations in the annexation. “We’re not trying to do anything behind anyone’s back.”

Neighbors have argued that Greensboro will not be able to provide them city amenities such as bus service, public parks or adequate police service. Residents have said it is unfair that the city is annexing them now, when the only land that connects them to the city limits is the interstate.

“We are hoping that the court will declare the petition for annexation null and void and require the city to become contiguous to the area just like they did with the Cardinal,” Cunningham said. “The city grew out to the Cardinal.”

Contact Amanda Lehmert at 373-7075 or amanda.lehmert@news-record.com

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luvdowntowngso

June 22, 2009 - 11:20 pm EDT

We will gladly take your city water, sewer, garbage pickup, and other services, but don't you dare annex us! Grow up people!

myvoice

June 30, 2009 - 12:30 am EDT

Actually the communities don't "take" any of it. We have a higher pricing tier for water, therefore paying double for water and sewer. They pay for trash pickup from Republic Waste. Police servcies are not provided by the city and unfortunately they will have a hard time servicing that area given the location and the number of available officers.

jeffic_fail

June 23, 2009 - 2:36 am EDT

My screen name says it all.

troubled

June 23, 2009 - 8:43 am EDT

Representatives from groups state wide fighting forced annexation will be in Raleigh today for another Judiciary II Committee meeting regarding reform of our 50-year-old law.

Just as in last week's meetings, there will be two easily distinguishable groups:

The people with The League, wearing labels "Town Resident", all PAID [with taxpayer money, which is another problem that needs to be addressed] PAID to be there to speak for keeping forced annexation. Ask them if they are town residents by force or by choice, and the answer will be: By choice. They will parrot the League's old story: "only by forced annexation can cities continue to grow in an orderly manner". Oddly enough their own statistics refute this statement, so frequently mouthed by Senator Tony Rand as well. Less than 20% of North Carolina annexations are forced, so why does that minority continue to be deprived of their right to vote?

On the other side, there will be the people dressed in red, representing groups from all over the state, who pay their own way to Raleigh, hoping that their voices will finally be heard. Their message: we want a vote, oversight of all annexations, and meaningful services. We will return again and again and again, as long as necessary, to obtain what should have been required all along.

Whatever, if any, reforms are passed in this committee should be retroactive, as corrupt annexations have destroyed and are continuing to destroy the quality of life of thousands of North Carolina citizens who have had no say in the procedure.

Legislators have been given documented proof of corrupt annexations all across the state, including those now taking place in Lexington and Rocky Mount. All The League's pro-forced annexation arguments have also been revealed for what they are, pure propaganda.

It only remains to be seen which legislators fall in the category of the "none so blind as those who WILL NOT see".

Thanks for listening.

Marie Howell, 140 Devon Dr., Rowan County, NC 28147 704-636-2228

Jeramy

June 29, 2009 - 4:01 pm EDT

I purchased a home in the Laurel park subdivision 6 months ago and was not informed of the annexation. In response to other posts we do not get trash service from the city only water and sewer which we pay at double the rate of city residents and this is the only service we get! I cannot speak for other residents of the area but my family doesn't shop, go to school, use parks, or anything else that Greensboro taxpayers pay for, mostly due to rediculous traffic and rampant crime as well as the fact that the city is several miles from my home and most parks or libraries are 10-12 miles away.