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Panel rejects Evatone's appeal

The 81-year-old company intends to continue to fight annexation into Largo but also weighs moving.

By LORRI HELFAND
Published October 7, 2006

LARGO - A three-judge panel Thursday denied a legal challenge to Largo's annexation of 90 acres near 49th Street and Ulmerton Road.

In January, Evatone filed a petition appealing the December annexation, contending that some property owners were bribed to join the city and most owners did not consent to being part of Largo.

The appellate panel disagreed, finding that more than half the "property owners did not merely consent to the annexation," but signed contracts agreeing to it.

Bill Babcock, vice president of administrative services for Evatone, whose headquarters was annexed without such a contract, was disappointed by the ruling.

"We feel like we've been railroaded," he said.

Largo City Manager Steve Stanton said he was pleased the matter was "hopefully" resolved.

Stanton said such disputes will continue until laws are changed to better define the roles of counties and cities.

"We need to stop competing for the same piece of meat," Stanton said.

Evatone also complained that businesses were not properly notified about public meetings regarding the annexation, but the panel said it was clear that Evatone had notice of all hearings and actively participated in the proceedings.

Babcock, who hadn't had time to review the decision Friday afternoon, said his company was still weighing its options. Evatone has 30 days to appeal the order.

Babcock said the 81-year-old manufacturing, media and marketing company has not ruled out leaving the area.

"It may not have been ethical, but it was evidently legal," Babcock said.

Babcock said Evatone still planned to work to change some of the laws that made the annexation possible.

Annexations of nonresidential areas are allowed if more than 50 percent of property owners consent. Thirteen of the 25 parcels in the area agreed to be annexed initially. Evatone is one of a handful of businesses that contested the annexation from the beginning.

The law allows cities to include state land in its calculation as willing property owners, and Largo included two state agencies located in the area in its tally.

In response, Evatone executives backed a couple of proposed bills that would have removed state land from the count. The bills died in committee, but Evatone executives said they will continue the fight.

Evatone said it will end up paying more than $100,000 per year in additional utility franchise fees and utility taxes if it joined Largo.

Al Estes, who runs a bail bonding agency in the annexed area, said he's upset about the ruling as well.

"I'm really disappointed, and it's going to cost me more," said Estes, who said his cable, Internet and electric bills have gone up about $50 a month each since the annexation.

In September, Evatone got a temporary reprieve, when the court delayed the city's annexation of the company's property until there was a ruling on the appeal.

Evatone's appeal marked the first time a Largo annexation has been legally challenged by a nongovernment entity.

[Last modified October 7, 2006, 06:56:50]