The Logan Banner has confirmed through Town of Man attorney Adrian Hoosier that the Annexation Election scheduled for Sat., June 7 in the Town of Man has been cancelled.
Judge Roger L. Perry, who is the presiding judge over the case, released a letter on May 28 to presiding counsel. In the letter, Judge Perry says that the court only recently became aware of the Motion to Intervene filed by Calwell Practice; a copy of the motion was not sent to him, and he found out through media outlets.
The motion he is referring to claims the Town of Man has not followed proper legal proceedings, has disenfranchised citizens in the matter of the vote (because they have been deemed ineligible to vote in the annexation) and that the ordinance calling for the annexation vote is defective because it fails to fully and properly identify the area to be annexed and excludes contiguous areas.
Furthermore, the judge assumed that the case had been closed. At a court ruling on Nov. 5, 2013, the Court declined to grant extraordinary relief and ordered Hoosier to submit a proposed order for the Court’s review.
“Upon pulling the file to search for the motion,” the letter said, “the Court noticed a final order was never entered following the Court’s ruling…”
Judge Perry again directed Hoosier to prepare and submit a proposed order reflecting the Court’s Nov. 5 ruling.
“As far as dealing with the newly filed ‘Motion to Intervene,’” Judge Perry wrote, “the Court directs the interested parties to take whatever such action as they deem appropriate.”