Lawsuit seeks annexation vote or hold on city election
By SHANNON CRABTREE scrabtree@leader-news.com

L-N File Photo Waiting For News City officials including, from left, City Manager John Steelman, Mayor Phillip Spenrath and City Attorney Ronny Collins continue to wait for an appeals court in Corpus Christi to rule on a lawsuit challenging the recent annexation of several adjacent properties into the city limits.

An appeals court plea filed Monday requests either an expedited hearing on El Campo annexation petitions or for justices to stop the upcoming City Council election.

And the city has until next Monday to respond.

The suit, based on Council's inaction on petitions calling for a citizen annexation vote, asks the 13th District Court of Appeals in Corpus Christi to either hear the case and rule before early voting starts April 28 or put the city's election on hold.

"The clerk issued an order today (Monday) telling the city to respond by next Monday," Attorney Jason Ryan of Houston's Baker Botts law firm said. "It appears they are taking it seriously."

The city is in the process of preparing its response, City Attorney Ronny Collins of Duckett, Bouligny & Collins said Tuesday morning.

"There is nothing new in this petition," Collins added. "It's the same old argument. They are trying to change Texas law.

"I don't think the court of appeals on motion for emergency relief will reverse two long standing Texas cases. The plaintiffs have still yet to point to any legal authority that would support their position that they are entitled to relief on this. This is just their opinion. Now they are trying to block an election."

On Dec. 11, the city annexed four areas which prompted citizens to file petitions calling for annexations to be repealed or put to a citizen vote based on City Charter Section 7.03 which reads, "qualified voters ... may require any ordinance or resolution passed ... be submitted to the voters ... by submitting a petition."

Instead Council took no action on petitions Jan. 10 with attorney Collins saying state annexation law supersedes the charter provision allowing petitions on the issue of annexation voting.

El Campo businessman Tim Ryan then filed suit Jan. 31 asking the court to force a vote. On Feb. 19, 329th District Court Judge Randy Clapp ruled it was not appropriate for an individual to file such a suit - a verdict Ryan appealed to the 13th District.

The Monday filing is an effort to expedite the hearing on the grounds the upcoming El Campo City Council election will be tainted if annexed residents cast ballots or candidate Jimmy Roppolo is allowed to run for office.

"Roppolo is eligible for city office only because he resides in one of the newly annexed areas. Because (the city) failed to follow section 7.03 of the charter," the court document reads. "However, the annexation ordinances are void and the annexed areas are not actually a part of the city. Moreover, voters in the newly annexed areas should not be entitled to vote in the election, but the city has indicated that they will be doing so. (The city's) unlawful action (or inaction) on the petitions will therefore taint the May 10 election with substantial irregularities."

The preference is for a hearing of the original claim, attorney Ryan said, adding a stay to the city's election "is not our primary relief we are asking for."

He added, "staying the election is a better result than having an invalid one."

The city would prefer the issue be heard by the court and a decision rendered prior to the start of early voting as well, Collins said.

"We didn't pick this fight, but we want to see it finished. We are all looking toward the same thing. We want a quick resolution," he said.

Early voting is scheduled to start April 28 - just two and a half weeks from now (please see related story).

The Corpus Christi court could act on the issue at any time it chooses, Collins said.

"They can issue a ruling at any time. We hope they rule prior to early voting," he added, saying either side would have the right to appeal the case ruling to the Texas Supreme Court.

"I would be surprised if the court of appeals enters into the political arena to stop an election," Collins said. "Until they issue an order, there is nothing to prevent the city from going forward. Until the court of appeals tells us otherwise, the election is going forward."

Attorney Ryan said he is also hoping for a quick hearing.

"...there is always the possibility of reaching an agreement with the city. We encourage them to think about doing that before the Corpus Christi Court of Appeals makes a decision."

Last night, City Council met in closed session to discuss the status of the litigation.

Please look to upcoming editions of the Leader-News for continuing coverage of this issue.