Somerset — Officials of Somerset and Burnside have expressed concern about the city of Ferguson’s plan to annex highway corridors that would extend its city limits south to Burnside and east to Rush Branch Road. If annexed, the highways would effectively establish a narrow band of Ferguson around Somerset to the southeast and Burnside to the northeast.

Ferguson City Council has unanimously approved ordinances expressing intent to annex almost all of new four-lane Ky. 1247 as well as Ky. 914 (southeastern bypass) from the current city limits east to Rush Branch Road. North Frank Denham Road, an extension of Gover’s Lane, is included in a third annexation ordinance.

  The annexation proposals currently are in a 60-day waiting period before two readings of annexation ordinances could make the highways a part of the Ferguson. Only highway corridors are in the annexation proposals; no businesses or residences are involved.

Mayor Eddie Girdler didn’t say if Somerset will oppose Ferguson’s annexation plan but said there is a concern if smaller cities continue to annex without ability to provide services. The mayor indicated he will discuss the issue with Somerset’s city attorney.

“We try to do all we can to serve the people ... and we all need to work together, said Girdler. Although he didn’t specifically mention Ferguson’s annexation plans, Girdler said “ ... the big problem is in the future.”

Conceding he isn’t totally familiar with Ferguson’s annexation project, Girdler said “It does raise some legal issues.” He said it creates a problem when one city annexes territory where another city has infrastructure.

“Annexation has to serve a public interest,” Girdler continued.  “Corridor annexation is legal if public interest is involved and services are available.”

Burnside is also concerned about Ferguson’s move toward the south.

“If Burnside does not move to expand its boundaries, we’re going to be strangled with both Ferguson and Somerset moving south” said Ron Jones, member of Burnside City Council and candidate for mayor. Alluding to Ferguson’s plan to annex Ky. 1247, Jones said Burnside’s southeastern boundary on Ky. 1247 is currently at the railroad crossing just north of John Sherman Cooper Power Station.

In case of an attempted legal intervention by Burnside or Somerset, it would be a determination of the courts if either city has “standing” to oppose Ferguson’s annexation.

The Transportation Cabinet doesn’t protest annexation of highway corridors.

“It doesn’t affect us. It (highway) is still property of the state and the same rules apply,” commented Neal Shoemaker, chief District 8 engineer for the Kentucky Department of Highways.

In a similar case, when a group of Burnside citizens, including two Burnside city councilors, sued to prevent the city of Burnside from annexing up to 14 miles of Lake Cumberland shoreline to take in Lee’s Ford Marina Resort at Nancy, Pulaski Circuit Judge Jeffrey T. Burdette issued a summary judgment in favor of the plaintiffs.

However, Dan Thompson, city attorney for Burnside, pointed out that the Kentucky Court of Appeals reversed Judge Burdette’s order. The Kentucky Supreme Court refused to consider the case, ending the litigation and leaving Lee’s Ford Marina Resort in the city limits of Burnside.

In reversing Pulaski Circuit Court’s order, the Court of Appeals said plaintiffs in the case were neither voters nor owners of real property in the area to be annexed. Also, the corridor annexed by Burnside is owned by the United States Government which consented to its annexation by Burnside.

This ruling sounds favorable to Ferguson’s annexation plan since, as Shoemaker said, “(annexation of highway corridors) doesn’t affect us (Highway Department).” There are no voters or landowners, except the state, in the highway corridors proposed to be annexed.