Council stakes Home Depot claim
By Andre Coe
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A day after Home Depot was scheduled to pay taxes to the town of Pike Road, the Montgomery City Council took a step to ensure that money will come to the city of Montgomery.
Council members voted 7-0 Tuesday to annex a tract of land owned by Trum LLC into Montgomery at Tuesday's City Council meeting. Council members Tim Head, District 2, and Willie Cook, District 6, were absent from the meeting.
It engulfed land surrounding the home improvement superstore into the city of Montgomery after weeks of political posturing that countered a previous move by Pike Road.
The Pike Road Town Council voted 5-0 to annex Ryan Road and the nearby Home Depot store Aug. 21. Alabama law requires that annexed property must lie next to the municipality it joins but the annexation moves by the Montgomery City Council cast doubt on the Ryan Road annexation because it is no longer contiguous to Pike Road.
All the businesses along Chantilly Parkway eventually will pay business fees to the city of Montgomery, Council President Charles Jinright said. "It's just a possible income to the city if it's in the city limits."
Councilman Jim Spear, District 1, motioned to adopt the item that was not on the agenda but has been voted on at the previous four City Council meetings. The vote gives the city of Montgomery control of the land surrounding not just the home improvement store but the 203,000-square-foot Wal-Mart Supercenter across from it on Chantilly Parkway.
Home Depot already petitioned the town of Pike Road for annexation March 27. Wal-Mart spokeswoman Cindi Marsiglios has said her store is not seeking annexation into either municipality and is fine operating in Montgomery County.
The move was important because it put property surrounding the Home Depot into the city of Montgomery, Spear said. The council voted to annex the land after landowners Trum LLC and Vaughn Taylor LLC petitioned the city of Montgomery for annexation.
To comply with an Alabama law that prevents a municipality from overlapping its police jurisdiction with another, the City Council had to annex the land surrounding the Home Depot into the city in four parts equal in distance, city attorney Walter Byars said.
The day before the Ryan Road annexation vote, Montgomery County Commissioners voted 2-1 to allow the town to annex Ryan Road into its municipal limits.
That decision by the Montgomery County Commission has been the subject of debate ever since.
Montgomery Commissioners Jiles Williams, District 4, and Reed Ingram, District 5, voted yes to allow the annexation; Vice-Chairman Elton Dean, District 2, voted no. The commission, which needs only three members present for a quorum, rescinded the 2-1 vote at its Sept. 4 meeting.
That time, the commission voted 3-1 to undo its previous vote. The yes votes came from Dean, Williams and Commission Chairman Todd Strange, District 1. Ingram dissented. District 3 Commissioner Dimitri Polizos was absent for the first vote and abstained Sept. 4.
Commissioners then authorized county attorney Tyrone Means to pursue all necessary legal action up to and including filing a lawsuit seeking a declaratory judgement action on the matter at its Sept. 16 meeting.
Means filed a declaratory action Sept. 28 in Montgomery County Circuit Court seeking an opinion in the case. Judge William A. Shashy will issue a ruling at a later date. Pike Road has 30 days to respond to the complaint.
Means believes the Montgomery County Commission did not have the legal authority to authorize Pike Road to annex Ryan Road into its town. The land beneath the road belongs to the landowners -- not the county, he said.
County commissioners did not consult Means prior to the Aug. 20 vote that started the feud.
Meanwhile, Pike Road anticipates a $600,000 to $800,000 cash boon from an expected sales tax revenue Home Depot could bring. Pike Road Mayor Gordon Stone said if landowners want to annex into Montgomery that is fine with him as long as it is done legally.
But the home improvement retail giant and its potential sales tax revenue is not in Montgomery. He did not know if Home Depot had begun paying taxes to Pike Road yet.
"As far as we know, Home Depot is already in the town of Pike Road," Stone said.