A judge says Hoover cannot campaign to annex homes in the Indian Ford Fire District ahead of an election in which the area’s residents will vote on whether to join the city of Helena.

Helena sued Hoover on Friday, arguing that the city illegally accepted annexation petitions from properties that are already involved in Helena’s annexation process and don’t border Hoover, offered money and tax breaks to the property owners in exchange for votes, and provided late notice for the city council’s meeting on the issue.

Residents will vote Aug. 8 on whether Helena should annex their homes.

“If Hoover were allowed to continue on this path, the whole Election could be rendered useless due to a legal description that is flawed as a result of Hoover’s illegal activities,” Helena’s complaint reads.

On Monday, Circuit Court Judge David Hobdy granted a temporary restraining order that bars Hoover from campaigning for annexation votes until after the election.

“The Court finds that Helena has exclusive jurisdiction over the Indian Ford Fire District and all properties in said District until the election,” Hobdy’s response reads.

The Indian Ford Fire District, located west of Helena and Hoover, includes more than 500 homeowners, business owners and property owners in unincorporated Jefferson and Shelby counties, per Helena’s complaint.

Helena sued in Jefferson County Circuit Court a day after the Hoover City Council held a special meeting to discuss a plan to annex 10 of the properties.

Helena’s lawsuit also named as defendants Hoover Mayor Frank Brocato and every member of the city council.

A spokeswoman for Hoover declined to comment, and said minutes from Thursday’s meeting were not available. The city’s attorneys – listed as Albert Jordan, Lauren Brasher and Phillip Corley Jr. of Wallace, Jordan, Ratliff & Brandt LLC in Birmingham – did not return requests for comment in time for publication. 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 – also didn’t return requests for comment.

A spokesperson for the Indian Ford Fire District also did not respond in time for publication.

In its complaint, Helena alleges that the board of directors for the fire district reached out to the city asking about annexation. After a few meetings, Helena decided that it could provide financially for the economic wellbeing of the district, according to the lawsuit. The district made a formal petition to annex itself into Helena, and in mid-June, the Helena City Council voted unanimously to accept the petition and to hold an election to approve it, per the complaint.

“The City of Hoover (”Hoover”) immediately started to interfere with this lawful election by enticing certain home, business, and property owners within the District, not the entire District, with promises of payments of fire dues, and various tax abatements for them to petition Hoover directly for annexation,” Helena’s complaint reads. “However, all of these properties lie within the legal description in the Resolution annexing the entire District into Helena that occurred in June, and, pending the ratification vote, are already part of Helena.”

Hoover eventually wants to annex 200 acres of land owned by 20 property owners, which the city believes has commercial potential, city planner Mac Martin told the Hoover Sun last week. The city initially wants to loop these 10 properties, most of which are homes, into the Hoover city limits, per the city council agenda for its meeting last Thursday:

• 8167 Annika Drive,
• 1523 Highland Gate Point,
• 2440 Southwood Trace,
• 2821 Sterling Way,
• 3851, 3854 and 3875 Whippoorwill Drive Southeast,
• 249 and 250 South Burbank Drive, and
• 3430 Morgan Road, a Chevron gas station.

Now, with the temporary restraining order, Hoover legally can’t promise property owners any tax incentives for an annexation push, use municipal funds to influence the vote, or accept any annexation requests from property owners within the fire district until the election and canvassing.

Judge Hobdy scheduled a hearing on the lawsuit for July 26.