Hearing on 'doughnut hole' lawsuit postponed

By the Tri-City HeraldOctober 30, 2012 

A hearing regarding a lawsuit to prevent Pasco from annexing the area of Franklin County known as the "doughnut hole" has been postponed.

The matter was scheduled for Monday in Franklin County Superior Court before Judge Vic VanderSchoor, but he recused himself from the case, said Leland Kerr, Pasco's attorney.

Members of Citizens for Lifestyle Preservation filed the lawsuit in September to stop the annexation of an area between Road 52 and Road 68, south of a Franklin County Irrigation District canal.

The lawsuit claims some of the utility agreements used to start the annexation were invalid because they weren't properly notarized.

The city is asking a judge to dismiss the case. A response filed by the city claims it wasn't necessary to have the documents notarized and the people who filed the lawsuit misread the state's annexation law.

The hearing likely will be rescheduled for Friday, Kerr said.

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