Another step in the Gluckstadt incorporation trial’s briefing process has been completed with the incorporators and Peco Foods recent filing. The city of Canton may file a final brief soon, which would end the briefing process for the case.
According to Gluckstadt attorney John Scanlon, the Peco Foods objectors filed a brief via John Martin to Canton’s annexation brief mainly regarding two of the five areas the city of Canton is seeking to annex. The brief does also mention portions of the other three areas as well.
The Gluckstadt incorporators filed a 68-page brief of cross-appellee in response to Canton’s cross-appeal arguments regarding Gluckstadt incorporation and the voter roll and number of signatures issue.
The brief also addresses Canton appealing the Chancery Court’s decision to deny Canton’s annexation areas three, four and five.
“We, of course, argue that the trial court was correct and should be upheld,” Scanlon said.
If no further time extensions are granted, Scanlon said the next step will be Canton’s submission of their final brief.
“Then all the briefing will be done at last,” Scanlon said. “In this appeal, every party will have submitted two briefs each – eight briefs in all – for the court to review. The normal number is three.”
After that, oral arguments will likely be held before the Supreme Court, if they grant it. Scanlon said he guesses this would happen sometime in the spring or early summer of 2021. Then, all sides will await a decision, or opinion, to come down after that.
“According to statute, the Supreme Court is supposed to rule 270 days (or 9 months) after the final brief is filed,” Scanlon said. “So, when Canton files its brief, say September 26 - again, assuming no more deadline extensions - then the decision should come down by July 26 or so at the latest – assuming that statute/rule is followed.”
However, Scanlon did add that the Supreme Court is not bound by this, as they may disregard time and deadline rules if they wish.
“We’re still a ways out from being done,” Scanlon said, but he did note something about the timing of the trial.
If the Supreme Court affirms the Chancellor and the City of Gluckstadt is to receive its charter, and if the charter is issued after the 2021 municipal elections in June, then the first mayor and board of aldermen would serve a nearly full, four-year term.
“Or something very close to it,” Scanlon said. “They would serve until the summer of 2025.”
The appointed mayor of Gluckstadt is Walter Morrison. The appointed Gluckstadt board of aldermen members are Miya Warfield-Bates, Jayce Powell, Wesley Slay, John Taylor and Lisa Williams.
The Gluckstadt incorporators began official efforts to turn the community into a city when they began a petition in March 2016. The petition was filed on January 31, 2017.
When the incorporation petition was filed, more than 71 percent of registered voters within the proposed city limits of Gluckstadt signed in support of the plan to incorporate. After nearly three years of litigation, the end may finally be within reach as the case is expected to wrap up mid-2021.
