Court Rules on Home Depot Annexation

Stock Photo
Stock Photo

By John Shryock - bio | email

MONTGOMERY, AL (WSFA) - Circuit Judge William A. Shashy handed down a ruling Friday in the ongoing Home Depot annexation saga.

Both the town of Pike Road and city of Montgomery have been fighting for sometime over which municipality the home improvement mega store actually resides.

The winning municipality would gain a large amount of tax revenue in the process.

In a two page ruling Judge Shashy says Home Depot is in Pike Road, not Montgomery.

Pike Road cited Act#2008-481 of Alabama's Code in staking claim to the annexation, and Shashy agreed.

The act, passed by the Alabama Legislature and effective on May 29, 2008, validates all municipal incorporations that happened after 1990.

The act reads in part:

(b) all cases in which there has been after the year 1990, an attempt to organize the inhabitants of any territory as a municipal corporation under the laws of this state and the judge of probate of the county in which the territory is situated  has entered an order that the inhabitants of the territory are incorporated as a town or city..., the incorporation is hear by validated ab initio, and any extensions or alterations of the corporate limits of the municipality which occurred prior to the effective date of the act...are also validated ab intio and the territory is confirmed as part of the corporate limits of the municipality...

WSFA 12 News will have more on this developing story on WSFA 12 News at 5:00 and 6:00.