District Judge Randall Rehmeier ruled Monday that Syracuse’s annexation of nearly a mile of land north off the city limits along Highway 50 is valid.

The judge said the property qualifies for annexation because it is suburban or urban in nature, adjacent to the city limits and will allow the city to continue to grow northward.

Farmer Norm Antes and veterinarian Donald Sweat contested the annexation saying although some of the land had been subdivided for future development, it remains agricultural in character.
Dr. Sweat said his business includes holding pens that might serve to quarantine a herd of livestock and said it is not a use proper for suburban or urban areas.

Judge Rehmeier said the Nebraska Supreme Court has held that the use of land for agricultural purposes does not necessarily mean it is rural in character. “It is the nature of its location, as well as its use, which determines whether it is rural or urban,” he said.

The judge noted that Syracuse has grown from its 2001 city limits with the Meisinger Addition on the east side of Highway 50 and the Prairie View Addition on the west side. In 2001, Syracuse annexed the Nutcracker truck stop and Sleep Inn Motel south of Highway 2.

The judge said the sale price of land being considered for annexation is relevant. Antes sold land for development of  DKT Industrial Park and sold land for Stutheit Implement at an average price of $7,200 per acre.

Tim Smulling, a certified appraiser, testified that the sale price of the property exceeded its value as agricultural land.

The judge also ruled in the city’s favor regarding the annexation of Highway 2. Antes and Sweat noted that it is not proper to jump over more than 500 feet to annex property.  The intersection of highways 2 and 50 is 1,000 feet at its widest.

In his opening statement on Dec. 17, Syracuse Attorney Gerald Stilmock said cities can skip over creeks and roadways when annexing, but Syracuse did not skip over anything because it annexed a portion of the highway.

Rehmeier said Syracuse paid $100,000 during the construction of Highway 2 for tubing that would allow the city to extend utilities north of the highway and said Syracuse pays the state for snow removal on the north side.
He said Syracuse provides police protection through its contract with the Otoe County Sheriff’s Office.

Judge Rehmeier said the plaintiffs also argued that the annexation was for taxation purposes only.
He said while it has been held that a municipality cannot annex property for revenue purposes only, it is also prudent for the city to compare tax revenue and liabilities when considering annexation.

He said former Mayor Raymond Umbarger testified that Syracuse had expanded northward and needed to annex the land to continue to grow to the north.

Joseph Gerdam, a Colorado city planner who had served as an assistant city planner in Lincoln and worked for JEO Consulting Group in Syracuse, testified that none of the property annexed by Syracuse is urban or suburban in nature.

He said the city’s comprehensive development plan warns against “leap frog” development.
Growth on east side of Syracuse would be closer to existing road and storm sewer infrastructure, he said, but utilities would have to be extended 3,000 feet to some properties north of the city.
He said the soils north of Highway 2 are well suited to agriculture.

“Syracuse's plan recognizes a need to avoid urbanizing prime ag land,”

gerdam said.

He also testified that Syracuse has 120 acres for development. “If it meets its own population projections of 2,057 by 2020, it already has enough space within its corporate limits,” he said.

He said starting a new development area will compete with the existing area. “You may have diluted these resources so that none of them really thrive,” he said. “There is no indication north of Highway 2 of new uses that are urban or suburban development,” he said.

Stilmock asked Gerdam if developments have to be cost effective under Nebraska law. Gerdam answered no.

Syracuse started with 16 annex ordinances in June of 2006, but the annexation of Stutheit Implement was not approved.

Annexations approved involved property owned by 5500 L Street Properties, Harold and Betty Zahn, Raincow Care, Countryside Cooperative, Sue Ann Kreifels, James Gigstad, Sweat, Greenwood Farmers Coop, M. Pieloch Subdivision, DKT Enterprises and Antes.