This looks like fun for Gerald. I wouldn't bet against him but this is the longest of shots.
“Our Appellate Courts have held that the requirement that annexed territory must be contiguous is mandatory, and that any noncontiguous annexation is void ab initio,” Largen said in his complaint.
“The said Appellate Courts have further held that contiguity requires that the adjoining land must include people, private property, or commercial activity, or otherwise the attempted annexation is void.”
That means, in Largen’s opinion, the Emory River kept Harriman from legally annexating into South Harriman, including properties he owns there.
“The Court is, and will be, called upon to take judicial note of the fact that the Emory River, as a navigable stream and part of the waters of the State, as well as the adjacent flood plain belonging to the Tennessee Valley Authority as agent of the United States is factually, and by definition, incapable of including, ‘people, private property, or commercial activity’, and thus cannot serve as the link to establish contiguity, and as shown by the original boundaries of the city,” Largen said in the lawsuit, “and the map thereof, said Emory River separates the ‘existing boundaries’ of the city from all the territory to the west and south of the original boundaries.”
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Harriman's lack of a city
Harriman's lack of a city attorney is problematic in this case. Former City Attorney Harold Balcomb resigned and is now working in the Public Defender's office.
"Annexating"?
"Annexating"?