City won't stop election without court order
By SHANNON CRABTREE scrabtree@leader-news.com

The city of El Campo's upcoming Council election will proceed as planned unless the 13th District Court of Appeals issues a stay, City Attorney Ronny Collins said Tuesday.

Collins filed the city's reply Monday to a plea asking the 13th District Court of Appeals in Corpus Christi to either hear the case calling for a citizen annexation vote and rule before early voting starts April 28 or put the city's election on hold.

Whether the court will hear the case prior to early voting is still unknown.

"I honestly don't know," Collins said. "It's possible (the court) will request we come down and present oral arguments this week or next."

But the court could choose to not hear the case until some point after the election.

"To me it doesn't matter. I'm confi- dent we will prevail. If there is a hear- ing, it will settle it," Collins said.

El Campo businessman Tim Ryan filed suit Jan. 31 asking the court to force recent city annexations to 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.

On April 7, Ryan's attorney filed the plea for a quick hearing on the case.

In addition to requesting a vote on annexation, the filing argues that annexations made Dec. 11 are invalid due to the city's inaction on petitions. It claims those in annexed areas should not vote in the May election and that City Council atlarge candidate Jimmy Roppolo should not be on the ballot since he lives in an annexed area.

The city claims the charter provision on petitions is superseded by state law on the subject of annexation and that an individual does not have the authority to challenge annexation.

While it is pending preparation for the upcoming May 10 election continues.

"There is absolutely nothing out there of any authority to stop the city from proceeding with the election or to remove Roppolo from the ballot (unless the court opts to take action)," Collins said.

AT ISSUE: A suit pending in the appeals court is trying to force recent annexations to a public vote and asks the court to take action before the May 10 election or order a delay.