Group seeks de-annexation from Dover

DOVER — Almost three dozen property owners are calling on the court to let them leave the city after several attempts to gain permission from Dover officials have failed in recent months.

In the petition for judicial de-annexation, the residents contend their properties are exclusively agricultural and, as a result, qualify for de-annexation. Idaho Code permits the de-annexation of such properties when residing within city limits is not a substantial benefit to a city.

"The (West Pine Street) group's properties are classified as rural and agricultural in nature, which also includes livestock, hay and timber uses," Norm Semanko, the group's attorney, wrote in a March 25 letter seeking de-annexation. 

The residents contend they do not receive sufficient benefits from the city nor do their taxes "significantly contribute to the city's tax base or future planning objectives" to warrant staying in the city.

However, Dover City Council voted 4-0 at its June 13 meeting to reject the request saying that per longstanding city ordinance, de-annexation is not permitted except for special circumstances. A written ruling was issued June 21 reiterating the denial.

A request asking the city to reconsider in early July was similarly denied with a written decision issued a few weeks later. In that request,  West Pine Group residents contend the June 13 meeting's agenda noted it might mark the start of the process but not that a final decision could be made.

They also claim the vote was outside the scope of what was listed on the agenda and could be considered an open meeting violation.

However, Dover officials said the decision to de-annex is a legislative matter that falls within the discretion of a council.

"There is no obligation to de-annex," Dover attorney Stephen Snedden wrote in a response to Semanko in late July. "Regardless, the city voluntarily placed your request on the agenda for deliberation by the Dover City Council."

As noted at the June meeting, de-annexation is a process and the Dover council considered whether to begin that process for some or all of the Pine Street Group residents. After discussion and deliberation, the council elected not to begin the process.

"There is no right to reconsideration or de-annexation," Snedden wrote in the letter, which was included in court documentation on the case. "So the issue is whether the City Council fully heard and acted upon the merits of your request. From your letter, you argue that the notice wasn't accurate. The decision not to de-annex is the same as the city deciding not to begin the process of de-annexation. Both result in no further action."

With all administrative remedies with the city exhausted, the West Pine Group residents said they had no other option than to petition the court for to grant the residents' request.

In the petition, the property owners called on the court to grant the de-annexation and order the city's boundaries be adjusted accordingly.

The group filed the petition seeking judicial de-annexation Oct. 1 after both an initial petition to the city and a request for reconsideration were denied. 

The city is seeking summary judgment in the case, asking the court to uphold its denial of the de-annexation request, saying it lacks jurisdiction in the case over what is a legislative matter for the city to decide.

A Nov. 6 hearing is set in the case.