HOOVER — A City of Hoover attorney told 1819 News Monday at the Hoover City Council meeting that city officials will not be commenting on the ongoing annexation battle with Helena until the Alabama Supreme Court resolves the case.

1819 News initially approached Hoover Mayor Frank Brocato to ask him about the annexation. Brocato consulted city attorney Phillip Corley, Jr., who said the city, though not barred by the court from talking to the press, has chosen not to discuss legal matters.

The cities of Helena and Hoover have been engaged in a court battle over the summer. Each municipality is trying to annex at least a portion of the Indian Ford Fire District. 

The Fire District is an unincorporated community in both Jefferson and Shelby Counties. 

Residents in the part of the district located in Jefferson County were set to vote on Tuesday to decide whether or not their neighborhood will join Helena.

The City of Helena and the Fire District's board of directors have worked together since earlier this year. They managed to acquire 200 signatures from residents in favor of annexation into Helena.

At this time, it does not appear that annexation would affect school zoning. This would only be the case if Helena created its own school district separate from the county school systems in the future.

Students who reside in the portion of the Fire District in Jefferson County, which is the part of the district up for annexation, are currently zoned for McAdory High School.

Helena Mayor Brian Puckett spoke to 1819 News last month and accused the City of Hoover of cherry-picking commercial properties for annexation in the Indian Ford Fire District.

According to Puckett, Hoover officials promised particular businesses in the area tax abatements in return for signing a petition to annex into Hoover instead.

A Hoover official told the press last month the city seeks to annex 200 acres of land in the Fire District. He said 20 individuals own the land and may have commercial value for the city.

Circuit Court Judge David Hobdy granted a restraining order against Hoover on July 18. This kept Hoover from attempting to solicit votes for annexation in the Fire District until after the Helena annexation election. 

The following Monday, Hobdy amended the lawsuit to allow neither Hoover nor Helena to campaign landowners for annexation until they receive approval from a Jefferson County Court.

But now, the restraining order, which only lasted ten business days, is expired. 

Helena filed a court notice last week and said it planned to delay the election, according to the Hoover Sun. A new election date is yet to be determined. 

In response, Hoover filed a motion on Thursday to the Alabama Supreme Court, hoping the court would direct the circuit court to dismiss the entire case. Hoover's attorneys argued now that the restraining order was over and Helena had decided to delay its election, the issue is moot. 

Nevertheless, the court is yet to make a decision.

To connect with the author of this story or to comment, email will.blakely@1819news.com or find him on Twitter and Facebook.

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