Memphis files appeal on Southwind-Windyke annexation delay

Memphis files appeal on Southwind-Windyke annexation delay

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SHELBY COUNTY, TN -

(WMC-TV) – For the first time, Memphis Mayor A C Wharton is reacting to a judge's ruling to delay the Southwind-Windyke annexation and Memphis has filed an appeal on that ruling.

Residents have been e-mailing Action News 5's Kontji Anthony asking about the status of the annexation.

As of the beginning of 2014, the attorney representing the 3,500 residents says Southwind and Windyke will begin the New Year as Shelby County residents.

Memphis Mayor A C Wharton says the annexations of the affluent Southwind community and Windyke are by no means money grabs, as some residents purport.

"I don't know about the idea that we'd make a lot of money on it, because we have to spend a lot of money," Mayor Wharton said.

Attorney Ricky Wilkins convinced a judge last month, in December, to delay the annexation due to a new state law that imposes a moratorium on annexations.

He said, "That moratorium remains in place until May 2014 and so at this point in time, Southwind and Windyke are not part of the city.">

But now, the city is firing back.

 

Wilkins explains, "The city has filed an appeal and at some point we'll probably have legal arguments before the appellate court."

Mayor Wharton says the annexation deal was sealed before the new state law took effect.

Mayor Wharton said, "That annexation was initiated and consummated way back in 1997."

Wilkins says the new law was passed for situations like this.

He said, "The moratorium was put in place to give the General Assembly time to study the issue further so they can decide upon what ultimate law they want to pass to govern these types of issues on an ongoing basis."

The mayor says the city is at the mercy of the court.

"Whatever the court rules, we're going to be ready to deliver services when the day comes," said Wharton.

Wilkins anticipates the case will be back in court sometime in the next few weeks.

He says in the meantime, all involved are waiting to hear what will come out of the General Assembly when session resumes in mid-January.

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