The people to be annexed have a right to vote on the same question, no matter how much the government thinks they should be annexed. The government must abide by the will of the people, not force the people to comply with the government's whim.
It is our opinion that happened here was the city government made the decision to annex without asking whether anyone wanted to be annexed or even what the city residents thought. Then they drew up the petition in secret, and sent it on to the state without public input. They tried to get it into the state's hands before the public even knew about it. Then the city refused to release important supporting documents (department head memos). They didn't want the petition exposed for what it was -- a work of fiction.
This is not the way to handle an annexation, and it deserves to be overturned, which we're trying to do.
The Local Boundary Commission decision failed to consider the impact of annexation on the Kachemak Emergency Services Area, failed to determine whether we need city services or whether the borough was a more cost-effective service provider, failed to require a transition agreement, and was wrong in its conclusion that everyone's best interests were met.
There is a significant legal issue concerning whether there must be a vote on changes to service areas, and constitutional issues related to due process and a right to vote. For these reasons and more, we appealed the decision and are now fighting in court.
We are fighting for the people who got annexed against their will, and we are fighting for the rights of the people who may get annexed the next time around. You can rest assured there will be a next time. We want to change how annexation is handled. We want the city to have to involve the public in their planning for annexation, and we want the affected citizens to have a vote. We simply cannot tolerate a system that lets the city and the state conspire to deprive people of their basic rights.
Abigail Fuller, vice president, Citizens Concerned About Annexation