PRESS RELEASE

Judge Crow To Rule Against City In The Annexation Lawsuit

On Monday, January 3, 2005, the Wayne County Clerk of Court’s office notified the attorneys in the annexation lawsuit of Judge Kenneth Crow’s decision. While the final judgment needs to be drafted, approved and presented to the court, Judge Crow’s decision will require Goldsboro to amend its annexation report, notice a new informational meeting and public hearing and have the city council vote again on whether to adopt the annexation ordinance. "This is a significant victory and shows that you can fight City Hall," said James Eldridge who is representing the petitioners in the annexation lawsuit.

Mr. Eldridge believes the court determined that the city failed to provide the public, and its own city council, with all of the information the annexation statutes require. "For example," said Mr. Eldridge, "the annexation report did not include the amount of money the city would have to pay to the local sanitary districts to adjust the billing rates for water service in the annexed area." Water service in the Phase II area is provided by local sanitary districts at a higher rate than what city residents pay to Goldsboro for their water. During the trial, the city’s attorney agreed that the cost of adjusting the water rates should have been included in the report.

Mr. Eldridge also believes the court will find that the annexation report did not detail the additional resources, and the cost of those particular resources, which are needed for the city to extend its services into the Phase II area. "The report provided a general estimate of the costs of the annexation, but the information showing how those costs were allocated and what additional employees and equipment were needed to implement those services, was missing," said Mr. Eldridge.

Bill Burnette, one of the petitioners in the lawsuit and actively involved in the Good Neighbors United group which is opposed to the annexation, said that his group’s lobbying efforts were hampered by the lack of information. "We believe we had a chance to persuade additional council members to vote against the annexation ordinance if they had known the actual cost of the annexation and how that money was to be spent," stated Mr. Burnette.

Mr. Eldridge expects that it will take a few weeks for the final judgment to be prepared and entered.