theadanews.com - Ada, Oklahoma

May 6, 2013

City to consider detachment petition

Ada News Staff
The Ada News

Ada — By Eric Swanson

Staff writer

ADA — The Ada City Council will take a second look Monday at its decision to annex four parcels of land along Stonecipher Boulevard into the city limits.

As part of its regular meeting, the council will host a public hearing on whether the city should detach approximately 180 acres from the city limits. The council may act on the issue during the meeting or postpone a decision until a later date.

Mayor Greg McCortney declined to comment on the issue Friday.

Monday’s hearing is the latest development in a battle over whether landowner Nathan Dial can build a part-time auto repair shop on 2.45 acres of his property, which fronts Stonecipher Boulevard. The Pontotoc County Commission gave the project a green light in February, when the commission voted to change the zoning classification for Dial's property from suburban agricultural to commercial.

But Dial hit a snag later that month, when the city council voted to annex his property and three other parcels of land along Stonecipher Boulevard into the city limits. All four tracts were rezoned as agricultural suburban districts, essentially reversing the county’s decision.

Dial later sued the city in an effort to stop officials from restricting the use of his property as approved by the county commission. A group of area landowners also filed a petition asking the city to detach approximately 180 acres, out of the more than 350 acres that were annexed, from the city limits.

Dial’s attorney, Jack Cadenhead, told the Ada News in late March that they expected the city to deny the petition. Cadenhead also said that the petition was a necessary first step before Dial moved forward with his lawsuit against the city.

Dial said Friday that he hoped the city council would undo its earlier decision and detach the property from the city limits.

“I would hope that the city council would see that the law is in our favor and save the city and us a bunch of attorney’s fees,” he said. “Because we plan on taking it all the way to the state Supreme Court.”

He said a court hearing in the lawsuit is set for 1 p.m. Tuesday in front of District Judge Tom Landrith.

Cadenhead did not return a call seeking comment.

In other business, the council will:

• Host a public hearing on the city’s proposed budget for 2013-14.

• Swear in Councilmen Bryan Morris, Greg McCortney and Darrell Nemecek, who were elected to the council in March.

Morris is starting his first term on the council, while McCortney is starting his second term and Nemecek is entering his fifth.

The swearing-in ceremony, as well as election of a new mayor and vice mayor, will take place during a special meeting at noon Monday at City Hall. The regular meeting is set for 5:45 p.m.