Lawsuit seeks injunction against city annexation
By SHANNON CRABTREE scrabtree@leader-news.com

A lawsuit challenging recent city of El Campo annexations was filed in Wharton County's 329th District Court Thursday afternoon asking the court to require an election and issue a temporary restraining order against the city.

As of presstime, no hearing dates had been arranged before Judge Randy Clapp.

Ryan Services, Inc. and Timothy Ryan of El Campo are suing the city of El Campo, Mayor Philip Spenrath, the entire City Council and the city secretary in an effort to stop the enforcement of annexation ordinances and to put the matter to a public vote.

"This is a case to enforce the right of the citizens of El Campo to vote on whether three surrounding areas should be annexed, a right defendants have unlawfully and brazenly deprived the citizens of El Campo by ignoring lawful petitions requiring defendants immediate action," Attorney Jason Ryan wrote in his petition to the court.

The suit's effect on the city or who will serve as lead municipal council hasn't been determined at this point, City Manager John Steelman said Friday.

"I honestly don't know. We will visit with TML (the Texas Municipal League) and we have insurance for this sort of thing. But at this point we are moving ahead."

The city has already started some ditch cleaning efforts in the Sandy Corner area, he said, and is offering garbage service to more than a dozen customers.

Engineering efforts are also proceeding.

"We are moving ahead with the engineering. At some point these projects will have to be done," Steelman said. "It's not like we're throwing away mon- ey."

The annexation suit is not seeking a monetary award.

Instead, Ryan has told the Leader-News, the goal is to require the city to follow its own charter.

Three petitions - calling for either the repeal of annexations of Sandy Corner, Hwy. 71 North, property on FM 2765 and land on U.S. 59 west of South Meadow Lane or a May vote on the issue - were presented at City Hall Jan. 10 and were brought before Council Jan. 14.

But acting on attorney advice that deliberation would be illegal, Council set aside those petitions without consideration.

Ryan, of the Houston law firm Baker Botts, then requested the city place the issue on the Jan. 28 agenda or face a legal challenge, but again the city chose not to acknowledge the petitions.

City Attorney Ronny Collins says state law supersedes the charter preventing an annexation petition and is getting the backing of the Texas Municipal League, a state organization which works to support municipalities.

"Plaintiffs therefore seek a temporary restraining order to prevent (the city) from enforcing the annexation ordinances until the court rules," Ryan requests, also asking the court to issue a temporary injunction and order the issue to a vote.

"Plaintiffs ask the court to (require) defendants to (1) follow the prescribed remedies set forth in (the city charter), (2) conduct three separate votes in El Campo so qualified voters of the three areas affected by the annexation ordinances may vote... and (3) stop spending taxpayer dollars to enforce the annexation ordinances unless and until El Campo conducts the required popular votes."

Ryan has repeatedly said his clients are willing to accept the vote of the people in the matter.

Council inaction, he said, prompted the suit.

"That inaction effectively prevents the citizens of El Campo from having their say on the important annexation matter unless they file suit to enforce that legal right," said Denis Calabrese, spokesman for Citizens for a Responsible El Campo, in a written press release sent to the Leader-News Thursday.

He adds, "The suit is not an anti-annexation suit. It is simply a suit meant to let the voters of El Campo decide whether annexation is in their best interest. The law allows them the right to have this vote. It is a shame the elected officials of El Campo have required their citizens to go to court to enforce their clear right to vote on this matter."

Founding members of the Citizens for a Responsible El Campo are Brad Baker of B&B Services; David Allgayer of D-AM Services, Inc.; Preston Dornak of Dornak Repair; Jimmy Ropollo; Herman Krpec of H&B Packer Services; Rocky Hamman and Rene Hamman of Hamman Swabbing & Oil Field Service; Frank Marek of Frank W. Marek Trucking Inc.; David Pratka of Pratka Services; Bob Ryan, Mike Ryan and Tim Ryan of Ryan Services, Inc.; and Mike Mobley of Quality Lease Service.

The group reports it was "formed to make sure local elected officials honor the law, respect the rights of citizens, and act with the citizens' best interests in mind, every day."

The city should receive formal notification of the suit soon.

City Attorney Collins is reviewing the suit at this time.