Annexation suit goes to appeals court
By SHANNON CRABTREE scrabtree@leader-news.com

A judge's dismissal hasn't stopped the fight against recent city of El Campo annexations; instead, the case is moving to Corpus Christi.

Tuesday 329th District Court Judge Randy Clapp signed the city's motion for summary judgment dismissing Tim Ryan and Ryan Services' case attempting to force recent municipal annexations to a vote from the Wharton County court.

While applauded as a correct ruling by the city of El Campo and Municipal Attorney Ronny Collins, Plaintiff Attorney Jason Ryan announced an immediate intention to appeal.

Wednesday, he filed paperwork starting the procedure with Wharton County District Clerk Denice Malota. That appeal will be filed with the 13th District Court of Appeals in Corpus Christi.

Friday, Ryan sent notice to the city that he would not only appeal the judge's ruling, but also ask the appeals court to consider "the city's continued failure to follow Section 7.03 of its charter relating to the petitions filed Jan 10."

Section 7.03 of the Charter allows for the public to use petitions to force any city ordinance to a public vote.

"We are pursuing an appeal because we strongly believe that citizens have a right to file suit to protect their constitutional right to vote," said Denis Calabrese, spokesman for the Citizens for a Responsible El Campo, a group backing the lawsuit.

Collins said after the Tuesday hearing that he was anticipating an appeal in the case.

No time line for the appeal hearing has been set at this point, although the Corpus Christi court reportedly has a reputation for being slow due to the large geographic area it represents.

On Jan. 31, Tim Ryan and Ryan Services filed suit against the city and its Council asking the court to allow voters to decide on recent municipal annexations after three petitions to Council were discarded based on attorney advice during the Jan. 10 City Council meeting.

During the Tuesday hearing, Ryan's attorney didn't get to plead his case for an election. Instead, the two lawyers presented their arguments on whether or not Judge Clapp should hear the case.

Collins argued it was inappropriate for an individual to sue seeking an election saying that sort challenge is more appropriately done "quo warranto" or by an official party (the county or district attorney or the attorney general's office) on behalf of all people in the area.

Ryan said the matter was about a citizen's right to vote and thus an individual could sue on the issue.

Clapp sided with the city.

On Dec. 11, the city annexed four areas including part of the Sandy Corner area between Sandy Corner Road and Hwy. 71 north, land on FM 2765 near the new El Campo Middle School and land on U.S. 59 near South Meadow Lane which has become the subject of Ryan's lawsuit since his family-owned business, Ryan Services, is located in that area.

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