Helena and Hoover barred from courting landowners in district outside city limits

Helena and Hoover barred from courting landowners in district outside city limits

Neither Helena nor Hoover can campaign to annex landowners in the Indian Ford Fire District until a Jefferson County court gives them the greenlight, a judge ruled.

Judge David Hobdy late Monday entered that ruling in a lawsuit that Helena filed against Hoover.

“No action shall be taken with regard to annexation of any property within the Indian Ford Fire District until further Order of this Court,” Hobdy said in an order.

Judge Hobdy set a hearing for this afternoon.

The ruling amended a temporary restraining order that Hobdy entered earlier Monday to bar Hoover from campaigning to annex properties in the Indian Ford Fire District. The district includes about 500 homes, businesses and other properties in an unincorporated area in Jefferson and Shelby counties, according to the lawsuit.

An election is set next month for voters in the fire district to decide whether they want to be annexed into Helena. The district is located west of both Helena and Hoover.

On Friday, Helena sued Hoover, its mayor and all of its city council members, claiming that Hoover solicited petitions for annexation from residents of the fire district, in interference with the upcoming election.

In a court filing on Monday, Hoover’s attorneys called the temporary restraining order “unlawful” and “unnecessary,” saying that the city didn’t have enough notice to respond and never received a copy of Helena’s lawsuit.

“There are annexation requests from property owners that predate any Helena-resolved annexation election,” Hoover’s response said, asking the court to cancel its temporary restraining order. “The members of the Hoover City Council should not be barred from voting on those requests.”

Helena shot back in its own filing, saying that it had provided enough notice and asking the court to keep its order. That evening, the judge entered the amended order.

Hoover eventually wants to annex 200 acres of land owned by 20 property owners, which the city believes have commercial potential, city planner Mac Martin told the Hoover Sun last week.

On Monday night, the Hoover City Council held a regular meeting, packed with reporters and cameras, but otherwise with little fanfare. The agenda included 13 properties proposed for annexation from the fire district.

“We’ll have a second meeting and potential vote on that at the meeting in August,” said Hoover City Council President John Lyda, as the properties slated for proposed annexation into Hoover city limits were read aloud during the meeting.

Phillip Corley Jr., Hoover’s attorney, told AL.com after the meeting that any city council action in regards to annexation is potential.

“No action was taken on those items tonight,” he said, noting the judge’s updated order and the hearing scheduled today.

In the lawsuit, Albert Jordan and Lauren Brasher of Wallace, Jordan, Ratliff & Brandt LLC in Birmingham are representing Hoover, in addition to Corley.

A spokesperson for Helena, as well as its attorneys – listed as Brian Hayes, the city’s attorney, and Stephanie Weems of Massey, Stotser & Nichols, PC in Birmingham – didn’t return requests for comment.