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City committee approves five annexation requests

January 28, 2003|by MARLO BARNHART and SCOTT BUTKI

marlob@herald-mail.com

scottb@herald-mail.com

Two developers who are co-plaintiffs in a suit filed by the Washington County Commissioners against the City of Hagerstown over the city's annexation policy had their own annexation requests addressed Monday night by a city committee.

The Hagerstown Annexation Review Committee discussed and acted upon requests by Home Construction Corp. and Paul Crampton Contractors Inc. for city water and sewer service.

The two companies joined a Jan. 3 lawsuit asking the court to block the city from imposing the annexation policy on property owners.

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While the city defends the policy, the county says it violates a 1997 sewer agreement between the county and city governments because it places conditions on the provision of service.

The disputed policy requires property along the city's borders to be annexed before city water and sewer service are extended to the area.

Unless they can get a city exemption, owners of property that does not border the city would have to agree to future annexation before receiving city and water and sewer service. That annexation would come once their property became adjacent to city land.

The committee approved all of the requests but with conditions.

  • A water/sewer request was unanimously approved with a pre-annexation agreement for Lots 198-213 and 228-243 on South Fork Drive and Lots 224-227 on Winding Oak Drive, South Pointe.

  • A sewer request was approved, with a pre-annexation agreement, on a 3-1 vote, for the remaining lots on Colonial Park East. Hagerstown City Councilman Kristin Aleshire cast the opposing vote.

  • A sewer request, with pre-annexation agreement, was approved on a 3-1 vote for eight remaining lots in Potomac Manor, Section G, Phase 2. Aleshire cast the dissenting vote.

  • A water/sewer request was unanimously approved, contingent on annexation, in Potomac Manor, Section H, 10 lots on two cul-de-sacs.

  • A water request was approved, contingent on annexation and water line improvement requested by the committee, for 267 lots plus retirement living section at Emerald Pointe. The vote was 3 to 1, with Aleshire voting against the approval.


Four of the five requests were for properties that are not contiguous to the city borders, Planning Director Kathleen Maher.

In those four cases, the developer will be required to sign a pre-annexation agreement, which means they must allow annexation to proceed when the land becomes contiguous, Maher said.

In the fifth case, for a section of Potomac Manor, the developer must allow annexation to proceed in order to get the requested city services, Maher said.

If the developers want to challenge conditions imposed by the commission, they can appeal the matter to the Hagerstown City Council, she said.

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