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Power company challenges annexation

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By CLARENCE MABIN / Lincoln Journal Star

Tuesday, Dec 04, 2007 - 12:10:42 am CST

Norris Public Power District is challenging the city of Lincoln’s annexation of an area in southwest Lancaster County the electric company said is poised for business development.

In a lawsuit Monday in Lancaster County District Court, Lincoln attorney Steve Seglin said the annexation, approved by the city in February, violated state law because, among other things, the area is not adjacent to the city’s corporate boundaries, and, thus, “constitutes strip or corridor annexation.”

Seglin also said the annexation violates the city’s own Comprehensive Plan, which, the attorney said,  states Lincoln will not annex remote areas.

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Dana Roper, the city attorney for Lincoln, said his office could not comment on the lawsuit Monday.

The lawsuit names as defendants the city of Lincoln, the Lincoln Electric System, the Western Hemisphere Holding Co., Northern Lights, Nebco, and two couples who own real estate in the area.

According to the lawsuit, the city agreed to rezone and annex land in the area owned by the companies, without providing city services, such as sewers and fire protection.

With the annexation, LES became the utility provider for the area. The area had been in the Norris district, which provides power to a five-county area, including part of Lancaster County.

Reach Clarence Mabin at cmabin@journalstar.com or 473-7234.


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Rick wrote on December 4, 2007 2:30 am:
" Historically, municipal utilities serve towns and PPDS serve rural areas. The munis were happy serving their city limits because they had lower rates and a high customer density. The PPDs have made due with their service territories and have done a good job providing low-cost power even though their customer densities aren't that great. Munis now recognize that they have the ability to continue to take high-margin areas as businesses develop outside the city limits. It is easy to see that this is a "quick take" annexation meant to steal load from a PPD in favor of LES. If the city was serious about the annexation, they would also provide or require that other services be provided. They're not worried about that. They want to establish the electric service because it will keep the PPD from building new lines to the development. Suggestion: If LES wants to serve the load, why don't they compensate Norris PPD and its membership for that lost load. If they were willing to pay 10 years' of gross revenues for the opporunity to serve the load, it would make it much more palatable for the members of the PPD. "

 John wrote on December 4, 2007 8:48 am:
" It would be nice if the area was identified. "Southwest Lancaster County" doesn't narrow it down much. "

 cool wrote on December 4, 2007 8:51 am:
" love watching you people show what really makes you the good life. "

 They're doing something. Somewhere. With somebody's land. wrote on December 4, 2007 9:23 am:
" There's some hard-hitting journalism. Where the heck _is_ the land in question? As someone who lives near southwest Lancaster County, I'd like to know! "

 Sheri wrote on December 4, 2007 10:20 am:
" I researched this and think I found that it refers to Annexation of property south of Saltillo Rd between S 14th and S 25th. http://www.lincoln.ne.gov/city/plan/annex/84252.pdf http://www.lincoln.ne.gov/city/plan/annex/84253.pdf "

 ... wrote on December 4, 2007 2:38 pm:
" Guessin' you work or worked for a small PPD, Rick? Norris, perchance? "

 Bryan wrote on December 4, 2007 8:46 pm:
" Nice how the city bends the rules. Is there such "flexibility" in all cases? If so, is it any wonder there is such mistrust of government? "

 Rick wrote on December 5, 2007 1:52 am:
" Used to work an electric co-op in Minnesota and another in Illinois in a past life. I don't even know where Norris PPD is, but it's kind of funny how it doesn't matter where you live, the story is always the same. "

 ... wrote on December 5, 2007 7:00 am:
" I do agree it looks very suspicious, but it looks more like a tax base land grab by the city then a service territory grab by LES. And last I knew, the city had to provide water and sewer to any property within it's limits. From the looks of the properties, I'm not sure how the city is going to be able to do that... "

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