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December 2006

 

 

 

How Hickory Withe Came To Be In Oakland

A Time Line of Events

 

Late 1995

Early 1996

Meetings were held by Hickory Withe residents to discuss concerns that Memphis might annex across the county line after Memphis began annexation proceedings to extend to the Shelby County line.

Spring 1996

TN law Public Chapter 666 was passed that would permit Hickory Withe to incorporate.

Geographic requirements in the law were so stringent that only two towns in the state were allowed to incorporate.

 

Hickory Withe drew boundary lines for the town under a time constraint of about 30 days.

May 1996

Hickory Withe made application to have a referendum for incorporation on the August ballot.

 

Oakland passed ordinances to annex down Hwy 64 corridor.

There were 4 separate narrow “strip” annexations – north and south from Oakland to Hwy 196, north and south from Hwy 196 to the county line. The annexations from Hwy 196 to the county line later failed in court.

Oakland had a population of around 390 people at this time.

 

Several landowners filed lawsuits to contest Oakland's annexations.

Aug 1, 1996

The referendum vote was strongly in favor of incorporation.

Oct 1996

Hickory Withe city officials were elected. (David Shelton, George Jennings, Elizabeth Carnathan).

 

Oakland filed suit contesting the Hickory Withe incorporation on the basis that the law was unconstitutional.

Spring 1997

TN law Public Chapter 98 was passed. It was similar to PC 666 but did not have the strict geographic limitations. This became known as the "tiny towns" law under which five small towns incorporated.

 

Oakland amended its lawsuit to include an allegation that this new law PC 98 was also unconstitutional.

Oct 30, 1997

Hickory Withe lost the incorporation lawsuit.

The court held that both laws were unconstitutional. Later in 1997 the TN Supreme Court ruled that PC 98 was unconstitutional.

Spring 1998

The growth and annexation law was passed (Public Chapter 1101).

Summer 1998

Hickory Withe again made application to have a referendum for incorporation.

The new annexation law said any territory that had tried to incorporate could try again. Hickory Withe felt it had to use the exact same boundary lines to meet the statutory requirements. The boundary line fell within the 3 mile legal limit of Oakland's city limits.

Oct 24, 1998

The second referendum on incorporation narrowly passed.

This time the vote was very close because a new law had been passed that, in order to get state-shared revenues, a municipality had to raise an equivalent amount in property taxes . To meet this requirement the property tax rate in Hickory Withe would be one of the highest in the county.

Dec 18, 1998

Oakland filed suit to challenge the incorporation on the basis that the law was unconstitutional.

January 1999

Hickory Withe city officials were elected. (David Shelton, Joann Allen, Reed Barber).

April 26, 2001

The TN legislature amended the annexation portion of the growth and annexation law (PC 1101).

October 2002

The trial court ordered the immediate dissolution of Hickory Withe’s charter. An appeal was filed.

October 2002

The Fayette County County Commission voted to make a Planned Growth Area for the area previously designated by Hickory Withe’s city limits.

November 2002

The growth plan judges set a deadline for changes and encouraged Fayette County to reach its own solution to the growth plan.

March 17, 2003

Hickory Withe lost the appeal of the second incorporation lawsuit.

May 2003

No consensus could be reached on the county's growth plan.

Oakland rejected the plan for Hickory Withe to be a Planned Growth Area and presented its own plan to take in a large portion of Hickory Withe.

June 2003

The plan proposed by the judges’ expert was published and had Hickory Withe as a Planned Growth Area.

Aug 18, 2003

The final plan published by the administrative law judges amended the expert's proposed plan by putting most of the Hickory Withe Planned Growth Area into an Urban Growth Area for Oakland.

Aug 27, 2003

The Fayette County Growth Plan was accepted by Local Government Planning Advisory Committee (LGPAC) at a meeting in Nashville. Appeals by Hickory Withe residents and other county citizens in attendance went unheeded.

 

Our thanks to former Hickory Withe Mayor David Shelton and former Hickory Withe Vice Mayor Joann Allen for their assistance in identifying these events.

Click here to read the Court of Appeals opinion on the second incorporation lawsuit. (PDF - Requires Acrobat Reader)

 

 

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