Opening arguments heard in annexation lawsuit

Attorneys for both sides gave arguments and took testimony Monday as a lawsuit filed by county residents against the city of Kinston to stop its annexation of them entered the trial phase.

Jim Cauley and Brian Pridgen represented the city, and Jim Eldridge represented the residents before Superior Court Judge Ken Crow.

At the same time, the clock is rapidly winding down to Nov. 30, when the annexation becomes effective.

Crestview resident Linda Ward feared she would lose the house she and her husband share if they become city residents, and end up paying higher property taxes and utility bills.

“We’re struggling now to make the taxes to keep up … and I feel like they’re trying to take my house away from me,” she said outside the courtroom she and about 40 other residents packed into Monday.

They wore red shirts to protest the annexation, some sporting the phrase, “Stop annexation now.”

“That decision is not one a municipality should make, where a person should live,” said Crestview resident Rick Kearney, who worried that he might have to sell his house. “That’s my decision.”

In addition to the extra costs, many residents are angry that the city is annexing them without their consent — the state allows municipalities to annex property involuntarily.

“Just because it’s legal doesn’t make it morally and ethically right,” Kearney said.

The residents hired Eldridge, who has challenged several other North Carolina cities’ annexations and courts have either overturned them, or proceedings have dragged out for several years, delaying the annexation.

The delay frees residents from having to shoulder any municipal costs.

Eldridge argued in front of Crow about five years ago when challenging an annexation by Goldsboro — Crow sent the city’s annexation plan back to be refined; residents sued again, and the N.C. Court of Appeals eventually approved the annexation after Goldsboro officials made adjustments.

“The effective date is delayed until the last day of the first month after the last court renders its final judgment,” Eldridge said.

He challenged Kinston’s annexation on the grounds that its methodology did not meet the three state statutes concerning annexation procedures, including how the city plans to deliver services to the annexed area in the same manner as the rest of the city; whether the boundaries of the annexed area are drawn properly and if the city followed the proper legal procedures when filing resolutions and ordinances.

During about four hours of testimony, Eldridge questioned City Manager Scott Stevens and former planning director Tommy Lee — both worked with various department heads to craft the annexation plan — and plans to question several more high-ranking city officials when proceedings resume today.

On the city side, attorneys Cauley and Pridgen have moved to dismiss the suit, but were denied. Now they must prove that Kinston officials did follow procedure on cross-examination.

David Anderson can be reached at 252-559-1077 or danderson@freedomenc.com.