NEWS

Roberts files motion against Hattiesburg annexation

Haskel Burns
American Staff Writer

From the moment Hattiesburg City Council first proposed expanding the Hub City's borders in Lamar and Forrest counties, the idea of annexation has been met with no small amount of opposition by county residents and officials alike.

The most recent opposition came last week, when Robin Roberts, attorney with Roberts and Associates in Hattiesburg, filed a motion against annexation in both counties.

"It has been filed in both suits — the one pending in Lamar County and the one pending in Forrest County," said Roberts, who also serves as board attorney for the Rawls Springs Utility District. "There is currently pending a motion to consolidate both counties into the Forrest County suit, and we are going to be opposing that motion to consolidate."

Early last week, Roberts announced his intent to oppose the annexation on behalf of Rawls Springs Utility District on the grounds that the move would violate the legislative enactment that created the utility. Roberts said the enactment states that if annexation is ever attempted, the city must take the entire area that the utility district serves, in addition to buying the utility's assets and taking over its debts.

So far, Roberts said, Hattiesburg has not conceded to that condition.

"(Hattiesburg) doesn't have anything of benefit to offer, and it would also be a violation of law because of the originating statute of the Rawls Springs Utility District," he said.

A return hearing on the matter will be held at 10 a.m. Wednesday at Forrest County Chancery Court, where residents and officials will be allowed to voice their opinions for or against annexation.

Utility district to oppose annexation in Rawls Springs

The proposed annexation would encompass three locations in Forrest and Lamar counties: much of the commercial corridor on U.S. 98, the Windlass Drive area and a portion of U.S. 49 north of the current city limits.

Lamar County officials opposed Hattiesburg's annexation on April 28, when the Lamar County Board of Supervisors — along with attorneys Perry Phillips and Tim C. Holleman — filed a Notice of Appeal in Lamar County Circuit Court. Hattiesburg's next move came in early June, when  Ridgeland attorney John Scanlon, who is representing Hattiesburg in the matter, filed in Lamar County Circuit Court a motion to dismiss the appeal.

Hattiesburg officially files for annexation

A group in the Bellevue community also has voiced opposition to Hattiesburg's annexation, as that expansion would interfere with the group's plans to incorporate Bellevue. Annexation would include many properties that would be in the proposed city of Bellevue, including Corner Market, Hattiesburg Clinic – Bellevue and Mack's West.

In early July, retired chancellor Robert L. Lancaster of Columbus was appointed as special judge to preside over Hattiesburg's annexation cases in both counties. A date for those cases has not been set.

Hattiesburg City Council President Carter Carroll said he couldn't comment on the matter, as it is currently in litigation.

Roberts also will be representing residents of the Glendale community, who are opposing Petal's proposed annexation of some property along Evelyn Gandy Parkway. The Glendale Utility District filed a federal lawsuit against Petal on July 7, claiming the city's efforts to annex within the district's area are illegal.