Photo from Alabama Administrative Office of Courts website
Jefferson County Circuit Judge David Hobdy
A Jefferson County judge on Monday issued a temporary restraining order to keep the Hoover City Council from moving forward with annexing part of the Indian Ford Fire District in southwest Jefferson County.
The Hoover City Council had planned to vote on annexing “various parcels” in the fire district on Monday night, but the city of Helena objected and sought a temporary restraining order because Helena has an election slated for Aug. 8 for voters in the Indian Ford Fire District to decide if they want the entire fire district brought into the city limits of Helena.
Helena argued in a court filing Friday that Alabama law prohibits municipalities from accepting annexation petitions if another municipality already has begun proceedings to annex the same land.
Jefferson County Circuit Judge David Hobdy at first issued a temporary restraining order Monday and set a hearing for July 26, but the city of Hoover on Monday afternoon filed a motion to dissolve that restraining order, saying it was unnecessary, overbroad and issued unlawfully without giving Hoover a chance to respond.
That prompted Hobdy to dissolve his initial restraining order and file a second one, still prohibiting Hoover from taking any action regarding annexation of property in the Indian Ford Fire District, but setting a hearing with him for Tuesday at 1:30 p.m.
Hoover City Attorney Phillip Corley, in his objections to the first temporary restraining order, said the Jefferson County Circuit Court lacked jurisdiction to issue a restraining order because no civil action or complaint had been filed with the circuit court clerk.
Corley declined to comment about Helena’s objections at Monday night’s Hoover City Council meeting.
But the Hoover City Council did vote to continue any action on the annexation petitions it has received.
Read more about Hoover’s effort to annex some of the Indian Ford Fire District and more about Helena’s objections.
