Latest petition for Fruitland incorporation withdrawn

Residents of Fruitland who want to see their community incorporated as a fourth-class city have decided not to leave the choice in the hands of the Cape Girardeau County Commission.

A second attempt at sending incorporation to the ballot for Fruitland came in January in the form of a revised petition after a failed try in 2011. But the county commission told residents in April it couldn't approve the petition after hearing from an attorney hired to advise on the decision.

Members of the group Friends of Fruitland will submit a letter to the commission Monday to officially withdraw the latest petition. The commission in April made no decision on approving the petition and instead gave residents more time to decide their next action.

No jurisdiction

Helmut Starr, the attorney who researched the incorporation issue for the commission, told commissioners and the group in April that county commissioners had no jurisdiction to vote on placing an incorporation question on a ballot because the petition did not appear to meet state requirements for incorporation of communities, including that the residents did not approach surrounding cities with an annexation request and allow those cities a year to respond.

"If we had left it and let the commissioners rule on it, they would have disapproved it because their lawyer had said that they could," said Sheila Luttrull, a Fruitland resident and member of the group.

Since April, the residents have consulted with St. Louis attorneys who specialize in municipalities to explore their options, but fees for the counsel are more than residents are willing to pay for now, Luttrull said. Residents want to incorporate so they are not eventually annexed by the city of Jackson. Residents also want to control the growth and development of their community. Some also fear the city of Jackson seeks to turn areas around their homes into an industrial park.

Residents are reluctant to approach Jackson because the city attempted to annex Fruitland in 2011, but a February 2012 vote by Jackson residents nixed that effort.

Not going to stop

The withdrawal of the petition means another can be filed at any time. Had the commission voted it down, residents would have been required to wait two years before filing another.

Luttrull said the withdrawal of the petition does not mean residents are going to stop their incorporation attempts.

"That's not in our genes," she said. "We are bulldogs. We'll just keep plugging away and trying to get it to where the commissioners will see we are not giving up and they need to let us become a city."

The group meets in Fruitland often to discuss the incorporation. It plans to meet Thursday to share information and evaluate the situation, Luttrull said.

As it stands, the group also likely would have to collect signatures again if it decides to start a new petition drive, Starr said in April.

eragan@semissourian.com

388-3627

Pertinent address:

Fruitland, Mo.

1 Barton Square, Jackson, Mo.