A State District Judge on Monday dissolved a temporary restraining order (TRO) against the City of Lubbock. The TRO prevented the city from annexing certain areas to the north and west of the current city limits.
Charles Jeffrey Kirk, Christy De Ann Kirk, and SECA Partners, LTD sued the city in late April. They claimed that the city failed to meet state standards for annexing land because the process started in August of 2017 and was not completed within 90 days as required by law.
The city responded last week in court records that the process did not officially start in August of 2017, but instead on April 12. The city asked the judge to dissolve the TRO based on a legal technicality.
The city said a judge cannot prevent the city council from voting on an issue because it violates separation of powers.
The city said, “The proper practice … is to wait until the ordinance is passed and the city attempts to operate under it before seeking relief against it.”
The annexation ordinance will come up for a second and final reading on May 10, according to a council meeting agenda.
The court has scheduled a May 24 injunction hearing.
Related Story: Restraining Order Sought Against City to Stop Annexation
