But County Clerk Donna Jamison said she has no annexation record on file for the town. The town is required to file the annexation with the county clerk's office.
An April 24 hearing date has been set in Sequoyah County District Court on a petition for a declaratory judgment, filed by Moffett's attorney, Deanna Wales of Tahlequah. District Judge John Garrett will decide on the petition at the hearing, which is set for 1 p.m.
Moffett's attorney, Deanna M. Wales of Tahlequah, filed the petition in district court Jan. 9. Because of the pending hearing, Wales said Thursday she could not comment on the petition.
She did say, "The annexation was done legally."
Wales was not the town's attorney at the time of the annexation.
In addition to the alleged failure to file the annexation, questions have also arisen about whether or not the residents whose property adjoined the annexation were notified properly, and whether or not the town's property is adjacent to a portion of the annexed property. By state law the property must adjoin the annexation.
In the petition, Wales notes, "That a controversy has arisen as to whether the annexation was properly done. That some criminal cases filed in Sequoyah County resulting from arrests by the Moffett Police Department, defendants have used the issue of the annexation as an element of their defense."
Wales goes on to say, "Unless the plaintiff (Moffett) is granted a determination by the Court on the legal status of the annexation, the Town of Moffett will be unable to effectively police criminal activity in the disputed section of property."
According to the hearing notice, the controversy involves the annexation of 1.9 miles west along State Highway 64, encompassing the entire highway and right of way associated with the highway, and 2.9 miles going west along Old State Highway 64, encompassing the entire highway and right of way of the highway.
In the past, those given tickets or arrested along the highways have claimed the annexation was done so that fees from traffic violations would add money to the Moffett coffers.
A recent Federal Bureau of Investigation (FBI) probe into Moffett government was speculated to be regarding the town's alleged use of the highway annexations to raise money for the town. However, FBI officials and U.S. Attorney Sheldon Sperling from U.S. Federal Court in Muskogee have refused to reveal the purpose of the probe. FBI agents began an investigation of the Town of Roland on the same day.
In the petition, Wales argues that the town "seeks a declaration that the annexation of the real property listed...was properly done in accordance with the statutes of the State of Oklahoma."
