Placing the payment for these capital services on the landowners of the proposed annexation area would result in significant financial impacts, the lawsuit goes on to allege, as would an expected increase in taxes for landowners if and when the annexation becomes complete.
Franklin contested this claim, pointing to the property tax exemption available to agriculturally zoned properties, which many properties in the proposed annexation area would receive.
Many residences in the proposed annexation area use septic systems, which are currently prohibited in city limits. Because of this, the suit states residents might be forced to bring portable toilets onto their property and be responsible for disposing of the waste at their own expense.
“If that’s the case, we’re more than willing to make an exception,” Franklin said, adding that an amendment to the legislation could be passed to allow for the continued use of septic tanks in the annexed area.
Ruby could not be reached Wednesday for comment.
Stephenson said the next step will be to ensure the remonstrance has met all of the requirements regarding the signatures. A court hearing will take place within the next 60 days, he added, to determine whether the lawsuit will go forward.