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Resident challenges legality of Apple Creek annexation during council public comment
Summary
A member of the Apple Creek Mobile Home Park raised lengthy objections during public comment, alleging illegal annexation, unlicensed operators and unlawful fee collection; city Attorney and staff responded that the annexation followed statutory process and that de-annexation is a separate statutory procedure.
James Sauder, speaking during the public comment period of the Lincoln City Council meeting, urged the council to reverse the annexation of Apple Creek Mobile Home Park and alleged multiple legal and contractual violations by the park's owner and managers.
Sauder alleged the park's owner had fictitious or multiple addresses and was not properly licensed to do business in North Dakota when the annexation occurred. He claimed tenants had been charged unlawful garbage fees and said the annexation had damaged residents' ability to sell manufactured homes. “I want you guys to withdraw the annexation,” Sauder said, adding that tenants were owed refund amounts he estimated during his remarks.
City staff and the city attorney responded in the meeting that the annexation had been reviewed and that the city followed the statutory process. The city attorney said that once an annexation resolution is recorded and statutory appeal periods pass, the annexation becomes final; he also noted a statutory de-annexation process exists but is limited and would not automatically be triggered by the complaints raised. The attorney told Sauder that disputes about lease terms and tenant-owner contracts are private matters between tenants and the property owner.
Why it matters: Sauder's comments raise tenant and property-owner concerns about a recent annexation and the effects on fees, leases and resale value. The council and staff recorded the complaint and flagged it as an issue that may be pursued with legal authorities outside the council's administrative role.
The council asked staff to note the complaint and indicated that legal authorities or appropriate agencies will be the next step for the complainant to pursue formal claims.
