Jackson Jambalaya

 While Madison and Gluckstadt slug it out over the annexation of an area between the two cities, Madison asked the Mississippi Supreme Court to allow it to provide municipal services to the disputed area until the Court rules on the matter.  

Gluckstadt fought Madison's petition to annex 430 acres situated between the two cities and lost.  The area in question includes Cherry Hill, Belle Terre, Bozeman Paine Circle, and properties along the Galleria Parkway and Highway 51. 

Considering the above, under a totality of the circumstances, the Court finds that Madison's annexation is reasonable and appropriate and is, therefore, approved in full.  Even Gluckstadt's own expert, Mr. Watson, concedes that Madison's annexation 1s reasonable. On the other hand, Gluckstadt was not contemplating this annexation until Madison began its efforts. Gluckstadt's PAA was not part ofits incorporation effort or the study area in its adopted Comprehensive Plan. Gluckstadt's chief aim is apparently to have this Court split the territory and grant it tax revenue.Gluckstadt, while it can be commended for its efforts in fonnulating its new departments and services, is still very young. The Court is not persuaded that Gluckstadt's very short history and path of growth satisfies the requirements for this particular annexation. Further, the overwhelming majority of citizens supported annexation by Madison rather than Gluckstadt. As such, under the totality of the circumstances, Gluckstadt's annexation petition is denied.

Gluckstadt filed a notice of appeal to the Mississippi Supreme Court earlier this month.  The annexation is delayed until the Court adjudicates the appeal.  

Madison filed a motion to lift the stay Tuesday.  The city argued: 

* The appeal will likely tie up the case for another 1-2 years in Court.  Meanwhile, the citizens of the subject area will be deprived of desperately-needed municipal services such as public works, police, and zoning. 

* Gluckstadt did not dispute the annexation of Cherry Hill Plantation and an area south of Reunion Parkway. 

*  The appeals courts have adjudicated 30 annexation cases since 2000.  The trial court was affirmed in 24 cases while 3 were remanded for more findings.  

*Any investments Madison makes benefit Gluckstadt if the new city wins on appeal.  Madison claims such improvements are: 

  In order to ""hit the ground running,"" has already mapped the new streetlights to be installed on Highway 51, identified road and repair priority lists in its PAA, and identified the drainage repairs needed in Cherry Hill Plantation. It has also created a list of curb, gutter and sidewalk repairs to be made in Belle Terre Subdivision as soon as the annexation is effective.

On the other hand, Madison and residents of its PAAs will suffer prejudice if the Court does not lift the stay. The residents-who overwhelmingly desire Madison's development, ordinances, and practices-will suffer the consequences if the County is allowed to superintend over the development of the disputed PAA over the next 1-2 years. The Court is well-acquainted with the appeals filed by Madison and five (5) surrounding neighborhoods objecting to the County's rezoning of certain property in the disputed PAA. The harm is neither potential nor theoretical. It is imminent. Additionally, there is harm to Madison in the loss of tax revenues....

As set forth above, the stay of the effective date of the annexation is an impediment to justice. The owners of almost every square inch of property on the West side ofl-55 in the disputed PAA are fearful of the County controlling the zoning and development of the undeveloped parcels on the West side. For that matter, so is Gluckstadt. And those owners on the East side ofl-55 in the disputed PAA who testified expressed the same fear. Like a row of dominoes, one unsuitable and poorly developed project by the County, such as a truck stop, could cause a cascade of unsuitable development. Even if Gluckstadt were to succeed in its appeal, it too would be impacted negatively by County development.

 

* The appeal is costing Madison an estimated $450,000 in property tax revenues per year.

* The Court should require Gluckstadt to pay a $900,000 bond instead of the $500 bond it deposited with the Court since the appeal will cost Madison a loss of tax revenue.

Attorneys Kelly Simpkins, Lana Dillon's (Wells Marble Hurst), and Gregg Carraway (WMH) represent Madison.  John Scanlon, Esq. and his partner Jerry Mills represent Gluckstadt.