Businesses do not have a right to vote. Even if they pay property taxes. Businesses are not people and do not have the right to vote. Owners of businesses in the proposed area do not have the right to vote in any type of election. And shouldn’t. they aren’t residences. that is fair. the AL codes are not the only things that make laws. Court decisions and statues help make laws. and the AL supreme court said that a city can draw its lines the way it wishes.

County2 wrote: “Should business be given a vote in all elections that deal with taxes, no. that is not taxeation without reprensentation (US supreme court said that sales taxes do not qualify for taxation w/out reprensentation)”
It’s not just sales taxes—there are also property taxes, business license taxes….
I would definitely think that charging property taxes would be taxation without representation.
I believe the AL Code should be changed.  We need to look at other states for guidance. 
If there were a law that 60% of the landowners had to petition the City for an annexation vote, then I think that would be fair and just.  Then it would include both the residential and commercial/business properties.

... territory must be contiguous to the boundary of and form a homogeneous part of the city or town and may extend to or around the boundary line of any other city or town, but is not to embrace any territory within the corporate limits of another municipality. No platted or unplatted territory shall be included within such boundary unless there are at least two qualified electors residing, according to a government survey, on each quarter of each quarter section or part thereof of such platted or unplatted land who assent thereto in writing by signing said petition, together with the consent of the persons, firms or corporations owning at least 60 percent of the acreage of such platted or unplatted land, such consent to be signified by their signing said petition.

(Code 1907, §1071; Code 1923, §1765; Code 1940, T. 37, §135; Acts 1953, No. 842, p. 1132; Acts 1965, No. 402, p. 578.)

I used Biloxi as a hyperbole to stress my point, but the Code of Alabama does not give a city the right to draw lines in any fashion they choose.  The code expressly says the lines must maintain some sense of continuity.
. When property is involved, property owners should have a voice in the election.  That is distinctly different than a general election.  The taxation goes far beyond sales tax.  The property tax will increase on those businesses.  So will the business license fees, lodging tax and a sundry of other costs imposed by the city’s land use code.  Of course, the businesses will pass that additional cost off to the consumer, but that does not change the fact that the new taxes are being imposed and the property owners were denied the right to vote on the issue.  Taxation without representation!!!!!!!!!!!!!!!!!!

I never said that sam jones didn’t want the commercial districts. he did. but state law and court statutes say that a city can draw its annexation lines the way it wants. I don’t think its fair either but it is what it is. The city could not annex into Biloxi, Mississippi. they are incorporated and I believe MS law wont allow inter state annexation of cities. Businesses will be taxed, yes, but they are not residences. Should business be given a vote in all elections that deal with taxes, no. that is not taxeation without reprensentation (US supreme court said that sales taxes do not qualify for taxation w/out reprensentation).

The group in Theodore met with the Mayor and his people over a year ago.  They did not petition for an election.  The mayor’s team went to work on the maps and used this small group of people as a method to grab the Wal-Mart, Lowes and all the new hotels in the area.
. You are kidding yourself big time, if you think the mayor went to all this effort just so he could have public works go out that way and pickup garbage. lol

Based upon your concept that a city can draw lines in any manner they choose, Sam Jones could annex Biloxi, MS if he could find a handful of voters over there willing to go for it.
. Any time lines are drawn on a map to give an unfair advantage to one side of an issue it is problematic.  That does not matter if it has to do with district lines or city limit delineations.
. Everyone of the businesses in this newly annexed area will see an increase in their taxes in a variety of forms.  They had no say in the decision, so that is known as taxation without representation!

They petitioned the city for an election. But if the suit fails it will be paid by the people. but the city has the right to draw the lines how it wishes. I just can’t see how this situation is illegal. but that is weird that the “island” could be getting special treatment. thats wrong if it is. The point i have been trying to make is that the lawsuit has a good chance of failing and to act with caution. I wanted the area to vote no….but I still don’t hold the belief that this was an illegal drawing of the lines.

An area contiguous with an adjacent city can petition to join the city through annexation.  The petition is one method of annexation and it is separate than an election.  The area in Theodore has no contiguous lines with the City of Mobile.  The city had to meander lines all along Highway 90 through the community of Tillman’s Corner just in order to get to this pocket of voters in the southwestern portion of Theodore.
. The island raises legitimate questions, because on the surface it appears that one business owner was given preferential treatment that other business owners did not receive.
. I don’t see the significance of the constant reference to the White-Spunner property unless you are implying that the City will be making major infrastructure improvements on that property and that will some how benefit the elected officials involved with this piracy.
. As for the cost of pursuing this in court, that bill will be sent to the city if the challenge is successful.

The difference is that Area B (a residential Island) was surrounded by Area A. The lines in theodore aren’t all over the place, they include white-spunner’s land to the north, the commercial district/industrial area in the middle and the residence in the south. Which was found to be legal. the one theodore area ask by a petition to come into the city. the ones west of Highway 90 didn’t ask. The courts will see that as only including people that wanted to be annexed. I may not agree with annexation but I do think it is smart to look at the facts and possibilities before spending thousands of dollars.