March 3, 2011

Paducah has asked a judge to throw out a lawsuit the county filed Feb. 8 alleging an illegal annexation of nearly 174 acres in the Schneidman Road area.

City officials contend they did nothing wrong when they recently annexed 5,600 feet of narrow Paducah & Louisville Railway-owned railroad right of way near Interstate 24 to access two tracts Paducah Power System and Tennessee Valley Authority owned.

The county alleges in its lawsuit that the annexation method, which it calls corridor annexation, is illegal and that past legal rulings back that up. The five-page complaint, filed by assistant county attorney Samuel L. Clymer, asks a circuit judge to file an order voiding the annexation and to grant "any and all other legal or equitable relief" entitled to the county.

The legal response city attorney David Denton filed Wednesday explains the reasons why the annexation was legal. It asks the judge to rule in favor of the city, dismiss the lawsuit and reimburse the city for legal costs.

The city's response states the commission annexed the property by request of Paducah Power, TVA and the railroad.

A city-owned PPS peaking plant is on the property, which Paducah officials contend should be within city limits. City Commissioner Gerald Watkins said the city
spent about $500,000 on electrical infrastructure for the plant, which the company is paying back in lieu of tax money now that the plant is in the city.

Mayor Bill Paxton said the city commissioners were simply trying to do the right thing.

"We certainly weren't trying to do anything wrong here. We certainly think we followed the law," Paxton said Wednesday. "We think Paducah Power should have its peaking
plant inside the city limits. We feel it was a legal way to annex the property."

The response contains 13 defenses. They include that the county does not own any of the property included in the annexation, thus the McCracken Fiscal Court did not need to consent to the action and does not have a legal say in it. The response also said that the county waited too long to sue after the annexation, which became final Dec. 31, for the claims to be valid.

Judge-Executive Van Newberry said he had not seen the city's response and declined to comment.

Watkins said the next step is for the judge to hold a hearing on the matter and then issue a response.

Several residents living adjacent to the annexed area oppose the annexation. They fear property values will decrease.

A group of Hendron firefighters also oppose the annexation. The property was part of the fire district, and owners of the peaking plant and the railroad paid taxes to it. The firefighters are concerned about a loss of revenue.

Watkins said the city plans to talk with the firefighters and try to alleviate these issues.

Contact Mallory Panuska, a Paducah Sun staff writer, at 270-575-8684.