Another Post First: Annexation lawsuit filed against city of Murfreesboro

By ERIN EDGEMON

About 100 residents living west of Interstate 24 off Old Fort Parkway have filed a lawsuit against the city of Murfreesboro to stop the annexation of their property.

Citizens for Home Rule, a Knoxville-based nonprofit organization that fights for the legal rights of its members, filed the lawsuit on behalf of the residents Feb. 22.

Residents living along Gresham and Rucker lanes contest that the annexation of approximately 1,824.3 acres that the Murfreesboro City Council passed on third and final reading Feb. 1 was done so without their approval.

Nearly 2,000 residents are affected by the annexation. Many of these residents have spoken out against the annexation of their property for nearly a year during public meetings and hearings and during their own demonstrations.

"Plaintiffs aver that neither the mayor nor the City Council of Murfreesboro have received a request or approval from the plaintiffs to annex plaintiff's property," stated the lawsuit.

Residents of the Blackman and Salem communities also claim that the city of Murfreesboro has no power to provide any services to them that they don't already receive or can't secure for themselves.

The lawsuit states that no state law gives the city the power to annex the property.

The city of Murfreesboro hasn't been served with the lawsuit as of Monday morning, said Chris Shofner, spokesperson for the city of Murfreesboro, but it isn't the city's policy to comment on lawsuits.

An annexation request from a developer, Rowland & Rowland Investments, for a 122-acre parcel along Rucker Lane prompted the city to study the other acreage for annexation.

City officials have said that annexing the Rowland & Rowland property would cause about 1,282 acres to be cut of from the rest of the city of Murfreesboro.

This is the second lawsuit pertaining to annexation filed against in the city of Murfreesboro in recent months. About 30 residents living along Manson Pike filed a lawsuit that halted their annexation Aug. 9, 2006.

The city of Murfreesboro filed its response and a motion to dismiss the lawsuit Sept. 15. No further action has been taken.

Erin Edgemon can be reached at 869-0812 and at eedgemon@murfreesboropost.com.