Annexation challenge goes to court
Tuesday hearing may determine if El Campo ordinance stands
By SHANNON CRABTREE scrabtree@leader-news.com

The validity of the city of El Campo's recent annexations could be decided Tuesday as the lawsuit challenging them heads to district court.

Opponents of the annexations of the Sandy Corner area and land on U.S. 59 near South Meadow Lane are requesting an injunction against the city of El Campo as well as a courtordered election on the issue.

Wharton County's 329th District Court Judge Randy Clapp is scheduled to hear arguments for and against by plaintiff attorney Jason Ryan and city attorney Ronny Collins at a 9:30 a.m. hearing Tuesday, Feb. 19, in the Wharton County Courthouse.

The case is listed on the docket as a request for a temporary injunction. The hearing has been allotted 30 minutes before the next case, another civil hearing, is scheduled.

Monday El Campo City Council voted 6-0 to retain Collins and his law firm of Duckett, Bouligny and Collins to represent the city, all individual members of Council and the city secretary in the pending litigation.

Because the annexation lawsuit is not seeking a monetary award, the legal costs are not covered by the city's insurance carrier.

"We remain confident that the city has taken the appropriate course of action during the annexation process in compliance with Texas law and has at all times acted in the best interest of the future for El Campo," Collins said in a written statement to the Leader-News.

On Feb. 5, Clapp met in chambers with attorneys to hear a request for a temporary restraining order, but opted not to issue a ruling at that time.

Collins is terming that meeting as a denial of the TRO request while Ryan is saying it was simply a request for additional evidence.

Tim Ryan and Ryan Services filed suit against the city Jan. 31 asking the court to allow voters to decide on recent municipal annexations after three petitions to Council were discarded Jan. 10.

The city has started cleaning ditches in the annexed Sandy Corner area and has engaged an engineering firm to design placement of water and sewer lines despite the pending lawsuit.