Tryon delays decision on proposed annexation settlement
Published 2:46 pm Wednesday, July 29, 2009
The petitioners in a lawsuit against the town, CAFA (Citizens Against Forced Annexation), met Monday night, but also did not make a decision.
CAFA sued the town about a year ago after Tryon involuntarily annexed about 406 properties in Tryon township in the Gillette Woods, Country Club Road, Harmon Field Road and Hwy. 108 areas last April. Court proceedings for the lawsuit began a couple of weeks ago in Polk County Civil Superior Court, when an agreement was proposed that would delay the annexation until Jan.1, 2013 if CAFA dropped its lawsuit. CAFA would also agree to not sue again in 2013.
Tryon Town Manager Justin Hembree said following Tryon&squo;s meeting Tuesday that CAFA proposed the agreement.
The judge gave the two sides until the end of the month to make a decision, which is why the town may have to hold a special meeting later this week.
It seems now that the town is waiting for CAFA to make its decision first and CAFA may be waiting for the town to make its decision first.
The judge said a couple of weeks ago he needed a decision by the end of this month in order for court hearings to proceed in August if both sides cannot agree to the terms. If the majority of both sides do not agree to the terms, hearings could resume in the lawsuit as early as Aug.10. Those hearings would be held somewhere in the district, but not necessarily in Polk County Court.