News and Tribune

Recent Local News

February 26, 2013

New Albany, Floyd County awaiting decision on fringe case

NEW ALBANY — A motion for summary judgment has been filed in the case of the New Albany Plan Commission versus the Floyd County Plan Commission, as the sides are awaiting a judge to rule on which entity will have control of what is known as the two-mile fringe area. 

Greg Fifer, an attorney retained by the city for the case, filed the motion Friday in Floyd Circuit Court. The motion cites state statutes and previous legal cases that Fifer said back up New Albany’s claim to retain zoning control of the fringe area. 

The focal points of Fifer’s argument are that New Albany provides sewer service to the fringe area and that Floyd County has a population of less than 95,000. 

Fifer said state law clearly explains that a municipal plan commission may at any time exercise or reject jurisdiction over an area within two miles of the city’s corporate boundary if the county has a population of less than 95,000 and if municipal services are provided to the fringe area. 

In this case, fringe residents and businesses rely on New Albany for wastewater service. 

Additionally, Fifer said the city satisfied the state requirements for zoning control by adopting a comprehensive plan for the fringe area in 1999. 

“Unless there’s a law out there I can’t find, I think both the facts and the law are on the side of the city,” Fifer said Monday. 

The disagreement heightened last year when the Floyd County Commissioners and county plan commission approved assuming control of the two-mile fringe area. 

County officials cited a lack of representation for fringe residents and issues such as drainage among their reasons for wanting to take authority of the area. 

Rick Fox, attorney for the county commissioners, is still listed as the county counsel on the case though he recently took a leave of absence pending the result of a charge of operating a vehicle while intoxicated. 

Text Only | Photo Reprints
Recent Local News
Easter 2014 photos

Click on any photo to purchase it.

Twitter Updates
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US
2013 Photos of the year

Take a look at our most memorable photos from 2013.