Tryon annexation lawsuit hearing set for Nov. 2
Published 5:07 pm Tuesday, September 29, 2009
After the two sides failed to reach agreement on a proposed settlement in July, Tryon&squo;s annexation lawsuit is scheduled to resume in November.
A hearing is scheduled for Nov. 2 in the Polk County Civil Superior Court. Judge Laura J. Bridges is scheduled to preside over the hearing.
The annexation lawsuit has been ongoing since June, 2008, when a group of property owners with Citizens Against Forced Annexation (CAFA) sued the town over an involuntary annexation of parts of the Gillette Woods, Country Club Road, Harmon Field and Hwy. 108 areas of Tryon township.
At the first hearing in July, a proposal was presented for settling the lawsuit. Under the terms of the settlement, CAFA would drop the lawsuit if Tryon would agree to wait until Jan.1, 2013 to make the annexation effective.
Neither side agreed to the proposal and the lawsuit was set to go forward with the trial.
The town approved the involuntary annexation of about 406 residents last April. This annexation followed a previous involuntary annexation in 2007 that encompassed much of Lynn, but the town rescinded the Lynn annexation after being sued by CAFA. Town officials say the current annexation is much stronger and they are confident the town did everything according to statutes.
The current CAFA lawsuit included about 172 petitioners who agreed to sue the town.
The hearing will begin on Nov. 2 with motions first at 10 a.m. The issue will be decided by a judge.