The City of El Reno will appeal the Canadian County District Court ruling that said its annexation of property was mostly invalid. 

The 4-1 vote came following a special city council meeting Wednesday. Council immediately moved into closed executive session, spending more than an hour behind closed doors before returning to open meeting and voting on the matter. 

In her first meeting as a member of the city council, Heather Brothers cast the lone no vote in the matter. Council member Amy Neathery made the motion to appeal the decision delivered by District Judge Paul Hesse, the move drew a quick second from Vice Mayor David Black. Joining the majority were Mayor Steve Jensen and council member Dr. Brian Shafer. 

City officials declined to comment following the vote and Brothers said she could not comment on her vote against moving for an appeal. 

A lawsuit challenging El Reno’s annexation of the land was ruled on last week. In that ruling, Judge Hesse signed orders granting the plaintiffs’ motion for summary judgment and declaring the annexation of properties in five of six “phases” as invalid.  

Twenty-three landowners and the Oklahoma Farm Bureau are plaintiffs and the City of El Reno and its city council are defendants in a civil action listing two causes of action - declaratory judgment and inverse condemnation.

The lawsuit stems from the City of El Reno’s attempt to annex six phases of land without property owners’ consent.

During special meetings in January, El Reno council members approved annexing about 22 square miles south and east of El Reno city limits.

That move drew strong opposition from residents in the impacted areas – resulting in the civil suit filed Jan. 30. Some critics accused El Reno’s elected leaders of “forcing” the annexation of their unincorporated properties, even calling them “thieves” and “land grabbers.”

The City of El Reno has a valid plan to annex Phase A of the annexation territory but its plan to annex five other areas (Phases B-F) is invalid, according to Judge Hesse’s recent ruling.

Phase A is just south of Interstate 40 and east of U.S. 81.

Hesse ruled the plaintiffs’ proximity to that land was not enough to deny El Reno’s Phase A annexation.

“There is insufficient evidence that the plaintiffs possess a personal stake in the outcome or that they will suffer a personal or economic injury sufficient to confer standing,” Canadian County’s presiding district judge wrote in his court orders.

“The plaintiffs lack standing to challenge the validity of the ordinance and the related annexation.”

As for Phases B-F - which include the Banner community and adjacent areas just west - the judge ruled for the plaintiffs and against El Reno.

Oklahoma state law permits annexation without landowner consent as long as the municipality prepares a plan to extend municipal services “including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory.”

Judge Hesse found the City of El Reno’s plan to extend municipal services to properties in Phases B-F did not comply with mandatory requirements in the statute.

“The law requires a municipality to prepare a plan to extend municipal services, not merely to continue existing non-municipal services or to postpone consideration of extending services indefinitely,” according to Hesse’s ruling. “A plan that states municipal water service ‘is not legally feasible at this time’ and that sewer-service extensions will be ‘considered’ only when economically feasible does not meet the statutory requirement for a plan that provides for actual extension of municipal services within a defined period or pursuant to a capital improvement plan.”

El Reno city officials could decide to appeal Judge Hesse’s ruling to the Oklahoma Supreme Court.

Plaintiffs are AR Development LLC, Angela Kay Heinrich, Henry Roy Heinrich, Anita Hoppis, Joel Hoppis, Jerry Lee Lingo, Julie Lingo, Brenda Morgensen, Randy Morgensen, Park Place Estates LLC, R&J Property Investments LLP, RN Land Run LLC, James R. Robberson Jr., Karen Sue Robberson, Bryan J. Royster, Jason Royster, Running M Farms LLC, James D. Tate, Sarah J. Tate, the Oklahoma Farm Bureau, Richard Tootle, John D. Von Tungeln, Jana L. Wilds and Roger G. Wilkerson. Their attorneys are David M. Box, Cooper T. Hahn and Austin T. Hamm.

The defendants’ attorneys are Lysbeth L. George, Jennifer Jackson and Trevor S. Pemberton.