The city of Madison’s annexation of an area the city of Gluckstadt also sought is delayed until the Mississippi Supreme Court resolves the matter, but Madison doesn’t want to wait.
Madison wants the annexation to take effect, pending the appeal of the matter to the Appellate Courts, according to Madison’s Motion to Lift the Stay filed on July 22 that the legal appeal by Gluckstadt put in place.
Madison wants to start providing services to the proposed annexation area (PAA) before the appeal is decided.
The motion makes these points:
- “Madison has mapped the new streetlights to be installed on Highway 51, identified road and repair priority lists in the proposed annexation area and identified drainage repairs needed in Cherry Hill Plantation. It has also created a list of curb, gutter and sidewalk repairs to be made in Belle Terre Subdivision as soon as the annexation is effective.”
- Madison will suffer a loss of about $450,000 in property tax revenue per year during the appeal period. Had Gluckstadt not appealed, Madison’s right to collect sales tax diversions would begin on July 13, 2025.
- “The development process has already begun in the undeveloped portions of the PAA . In fact, since the Court’s opinion was handed down a month ago, brokers/developers have already reached out to Madison about working with Madison to develop property in the disputed PAA.”
- “The residents – who overwhelmingly desire Madison’s development, ordinances, and practices – will suffer the consequences if the County is allowed to superintend over the development of the disputed PAA over the next 1-2 years. The Court is well-acquainted with the appeals filed by Madison and five (5) surrounding neighborhoods objecting to the County’s rezoning of certain property in the disputed PAA.”
The motion seeks a hearing with Madison County Chancery Judge James C. Walker on Aug. 19 at 9 a.m. or as soon as possible so that the stay filed by the city of Gluckstadt can be lifted.
The motion also suggests “a nominal $500 bond” to cover the cost of appeal for Madison and a bond of “at least $900,000” for Gluckstadt to cover lost tax revenue in the event Gluckstadt does not win its appeal.
Gluckstadt appealed the case to the Mississippi Supreme Court on July 11 after Walker on June 17 gave the city of Madison control of the entire 4.39-square-mile parcel of unincorporated territory it sought.
The territory in the annexation case includes a commercial corridor along the Reunion Parkway extension as well as the subdivisions of Belle Terre and Cherry Hill Plantation, which are off Bozeman Road, and the historic Episcopal Chapel of the Cross.
“Rule 8 of the Mississippi Rules of Appellate Procedure (“MRAP”) and Supreme Court jurisprudence gives this Court the authority to lift the stay and allow Madison to service the annexed territory during the 1-2 years this matter is on appeal,” according to the motion. “Doing so will cause no prejudice to Gluckstadt or its residents, and, if it prevails on appeal, will likely even benefit Gluckstadt.”
The motion continues: “This Court, Gluckstadt, and Madison all agree that the parties’ PAAs (proposed annexation areas) are in need of municipal services-planning, zoning, development, public works, police, solid waste removal, etc. The need is imminent because development is imminent. The Eastern section of the Reunion Parkway extension is open, the Western Section is poised to open in the very near future, possibly by the end of the year.
Gluckstadt did not dispute the annexation of Cherry Hill Plantation and an area south of Reunion Parkway. “Gluckstadt’s expert acknowledged that Madison provides a higher level of planning and zoning than Madison County,” according to the motion.
Since Jan. 1, 2000, the Appellate Courts in Mississippi have handed down 30 decisions about annexation, according to the document. In 24 of the cases, the chancellor’s findings were affirmed and three were remanded for more details.
“Any investments Madison makes in improving the disputed PAA would only benefit Gluckstadt should it prevail on appeal,” according to the motion.
The motion states: “The owners of almost every square inch of property on the West side of I-55 in the disputed PAA are fearful of the County controlling the zoning and development of the undeveloped parcels on the West side. For that matter, so is Gluckstadt. And those owners on the East side of I-55 in the disputed PAA who testified expressed the same fear. Like a row of dominoes, one unsuitable and poorly developed project by the County, such as a truck stop, could cause a cascade of unsuitable development. Even if Gluckstadt were to succeed in its appeal, it too would be impacted negatively by County development.”
The decision in favor of the city of Madison came after a 12-day trial earlier this year.
The city of Madison, which has been incorporated since 1856 and has 27,000 residents, began the annexation process on May 2, 2023.
Gluckstadt, which has been incorporated since 2021 and has more than 3,000 residents, followed suit on July 11, 2023.
Walker consolidated the two annexation cases into one during a hearing on Sept. 25, 2023.
The annexation decision concluded “that Madison’s annexation is reasonable and appropriate and, is, therefore approved in full. Even Gluckstadt’s own expert, Mr. Watson, concedes that Madison’s annexation is reasonable. On the other hand, Gluckstadt was not contemplating this annexation until Madison began its efforts.”
The court also concluded that “Gluckstadt’s chief aim is apparently to have this Court split the territory and grant it tax revenue. Gluckstadt, while it can be commended for formulating its new departments and services, is still very young. The Court is not persuaded that Gluckstadt’s very short history and path of growth satisfies the requirements for this annexation. Further, the overwhelming majority of citizens supported annexation by Madison rather than Gluckstadt. As such, under the totality of the circumstances, Gluckstadt’s annexation petition is denied.”
Hawkin-Butler, mayor of Madison since 1981, testified at trial as did Madison Chief of Police Gene Waldrop, Public Works Consultant Denson Robinson, Senior Director of Operations Pete Vozzo, Fire Chief Derrick Layton, Parks Director Michael Canoy and Director of Community Development Kianca Guyton, according to the decision.
Madison also called four retained experts: Ty Windham with the Mississippi State Rating Bureau, Edward “Ted” Kamp, an expert in market analysis and planning, Stephanie Smith, a CPA and CFA as an expert in financial analysis and projections regarding the subfactors of financial capability, and Keith Marvin, an urban and regional planning expert, according to decision.
Madison also called eight citizen witnesses from Cherry Hill subdivision, Belle Terre subdivision, Bozeman-Paine Circle and properties on the east side of the disputed proposed annexation area who testified in support of Madison’s annexation and in opposition to Gluckstadt’s annexation of their properties, according to the decision.
Attorney Lana Gillon testified to confirm Madison’s compliance with the legal obligations required to institute an annexation proceeding, and citizen witness Dexter Nettles, who owns property in Madison’s proposed annexation area, testified in favor of Madison’s annexation, according to the decision.
The city of Gluckstadt called Morrison, Chief of Police Barry Hale, Public Works Director Chris Buckner, City Clerk Lindsey Kellum and Planning and Zoning Administrator and Building Official William Hall, according to the decision.
Chris Watson, an urban and regional planning expert and Nolan Williamson, the general manager for Bear Creek Water Association, also testified for Gluckstadt, according to the decision. “Two citizen witnesses” also testified in favor of annexation by the city of Gluckstadt and Fire Chief Henry Davis.
The Mississippi Supreme Court set 12 criteria to determine “reasonableness” of the annexation by the party seeking it.
The criteria include a municipality’s need for expansion, whether the area sought to be annexed is reasonably within a path of growth of the city, the potential health hazards from sewage and waste disposal in the annexed areas, the municipality’s financial ability to make the improvements and furnish municipal services promised, the need for zoning and overall planning in the area, the need for municipal services in the area sought to be annexed, whether there are natural barriers between the city and the proposed annexation area, the past performance and time element involved in the city’s provision of services to its present residents and the impact (economic or otherwise) of the annexation upon those who live in or own property in the area proposed for annexation.
The criteria also include the impact of the annexation upon the voting strength of protected minority groups, whether the property owners and other inhabitants of the areas sought to be annexed have in the past, and in the foreseeable future unless annexed will, because of their reasonable proximity to the corporate limits of the municipality, enjoy the (economic and social) benefits of proximity to the municipality without paying their fair share of taxes and any other factors that may suggest reasonableness.
Madison was represented by attorneys Kelly D. Simpkins, Gregg A. Carraway, Lana E. Gillon and Chelsea Brannon. Attorneys Jerry Mills and John Scanlon represented Gluckstadt.
