Nathan Dial is adopting a new strategy in his annexation fight with the city of Ada.
Saying he was tired of fighting City Hall, Dial recently decided to dismiss his lawsuit over the Ada City Council’s decision to rezone his land from a general commercial district to suburban agricultural. Instead, he is building a part-time commercial auto repair shop on his property and challenging the city to try and stop him.
“The reason we’ve dismissed that lawsuit is because the law is in our favor, and we keep playing offense and saying, ‘Hey, we need this done. Hey, we don’t want you all to do this to us. Hey, we want to have the shop. Will you let us?’” he said in an Oct. 21 phone interview. “They keep telling us, ‘No, no, no’ for the last three years.
“And because the law’s in our favor, we’ve just decided that we’re going to go out there and run the shop and let them try to shut us down, instead of keep asking for permission and getting denied or some monkey wrench thrown in the middle of it.”
He said he has almost finished building the auto repair shop, despite problems with permitting and other minor issues. He added that the city has not taken further steps to shut him down.
Dial’s legal battles aren’t over yet. A lawsuit challenging the city’s decision to four tracts of land along Stonecipher Boulevard — including Dial’s property — is still pending in Pontotoc County District Court, and a second lawsuit challenging the Chickasaw Nation’s participation in the annexation fight is also under way.
Dial’s attorney, Jack Cadenhead of Seminole, did not return phone calls seeking comment.
Mayor Greg McCortney referred a call seeking comment to Ada’s attorney, Frank Stout. Stout was not immediately available for comment Tuesday afternoon.