EDEN -- A Superior Court judge has overturned the city of Eden's annexation of the Indian Hills
subdivision and surrounding areas. In a decision issued Friday, Judge Lindsay Davis Jr. said the city
couldn't provide the same level of water and fire suppression service to the Indian Hills residents as is
given to other city residents. Davis said Eden's statements as to how it would provide water and fire
hydrant services were "illusory" because the city didn't have an agreement with Dan River Water, the
nonprofit utility company that provides water service to Indian Hills residents. "The bottom line is that Dan
River Water is already providing water service in that area," James Eldridge, the attorney for the
residents, said Tuesday afternoon. "Dan River Water is a federally indebted rural water association, which
means, under federal law, Eden cannot compete with them," he said. Eden City Manager Brad Corcoran
said the city has been in talks with Dan River Water to work out an agreement. "Once the council
decided to go forward with the annexation, we started conversations with the Dan River Water board,"
he said. "We are very optimistic we'll work out an agreement that's agreeable to all parties." Corcoran
said that for the city to have an agreement before the City Council decided to annex the area last year
was like "putting the cart before the horse." Nothing in case law or in advice from government consultants
hinted that the city needed a contract in place prior to annexation, he said. The city has two years from
the annexation date to provide the services, he said. Before Friday's decision, the annexation would have
taken effect this September. Both sides have 30 days from Friday to appeal the judge's decision. The city
has not decided if it will appeal, Corcoran said. The City Council voted twice, in July and September, to
annex an area including the Indian Hills subdivision and the land along Harrington Highway northwest to
N.C. 770 and east to Matrimony Creek, southwest of Eden. The area includes nearly 240 acres and
about 200 residents. The Indian Hills residents sued to fight the annexation in September, alleging the
city's annexation report failed to adequately state the city's plans to provide municipal services, such as
water and sewer, to the annexed area. The lawsuits also alleged, among other complaints, that the
proposed annexation area didn't qualify because it wasn't sufficiently developed for urban use, and the
city failed to follow procedure in the annexation process. In his decision, the judge said the city did
comply with legal notice requirements, had demonstrated how it would provide sanitation service and the
area does qualify for annexation. Eldridge said he and his clients disagreed with those assessments, and
may appeal on those points. Jim Kendrick and Raymond Sharrow, two plaintiffs in the case, said they
were happy with the outcome. "It is encouraging to note that the justice system does support the rights of
citizens who feel that they have been disenfranchised through a policy such as involuntary annexation,"
Sharrow said in a statement. Kendrick said that, while there were many issues at stake in the suit, the
petitioners only needed one to win. "It's like when you win a race," he said. "They don't ask you if you
won by an inch or a foot. We won. We're happy." Corcoran said further annexations by the city were on
hold until the Indian Hills case was resolved.
Praise to Judge Lindsay Davis Jr.
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Why does the Government think that people want to live in a city they never moved to.
I fought this same battle in Thomasville, NC back in 1995. My stand then and still is, if
the citizens of an area want to be in a city they will do one of a few things. They will
either ask the city closest to them to annex them, they will incorporate and become a
city, or they will move to the city of their choice. Judge Lindsay Davis Jr. has done the
right thing and I praise him. Read the article from the News and Record.