West Mobile Annexation Lawsuit

Alabama Mobile  Three West Mobile residents are asking a judge to stop the annexation vote. They filed a lawsuit Tuesday claiming the city violated their voting rights and the Alabama Constitution.
by Jamie Burch
Published: Tue, September 04, 2007 - 10:46 pm CST Last Updated: Fri, August 15, 2008 - 3:03 pm CST
Three West Mobile residents are asking a judge to stop the annexation vote. They filed a lawsuit Tuesday claiming the city violated their voting rights and the Alabama Constitution by "pre-determining" who would be in favor of annexation before drawing the voting lines.
Last month, Mayor Sam Jones announced an annexation plan that would once again make Mobile Alabama's second largest city and eventually the state's largest. Mobile is currently third behind Birmingham and Montgomery.
The proposed annexation area, between Cody and Schillinger roads -- is divided into four sections. Unless a judge stops the election, voters in each section will decide if they want to become part of the city on September 18th.
A city of Mobile spokesperson tells News Five that the city has filed a summary motion saying the lawsuit has no merit.
The three people who filed the lawsuit held a news conference Wednesday afternoon. We'll have the latest on this legal battle tonight on News 5 at 5:00 and 6:00.
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The annexation plan is flawed and unethical.  Why, because all the businesses along Schillinger Road are included in Mobile Terrace community (District 1).  Mr. Jones must think that the people in Mobile Terrace are stupid to impose more taxes on themselves when he cannot even improve the section of Old Shell Road west of Hillcrest Road that leads to their homes.  Maybe he wants only their money and doesn’t want them downtown.  Secondly the remaining districts that are contiguous to businesses do not include the businesses.  Is that fair?  Let’s play fair and include all four districts as one.  Then all the neighborhoods that are contiguous to those businesses can vote annexation up or down.

As a homeowner in the Smithfield Subdivision, which Mayor Jones so methodically left out of the voting area, I and my neighbors will be subject to higher taxes with no city benefits.  If they are going to annex the area in question, they need to include those of us who live in the area between Cody Road and Schillinger, not just a select few.  We are all going to be affected by this vote.  I would speculate that they omitted this small section of homeowners because they were not able to get our votes in the past.  I agree Mayor Jones has been very selective in what areas he is going to allow in this vote.  It will affect us directly and we should be allowed to vote.

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