A hearing slated Monday at the request of the Town of Moffett on a 2001 annexation was continued, District Judge John Garrett said.

Garrett said the continuance was requested by the two attorneys for the county commissioners, Dan George and Fourth Scoufos.

The request for a declaratory judgement that Moffett's annexation of land along U.S. Highway 64 and old Highway 64 was done correctly was made by Moffett's attorney Deanna Wales of Tahlequah.

The hearing was to be held at 1 p.m. Monday, but when George and Scoufos were approved by the county commissioners to represent the county, the two attorneys asked for the continuance "so we could thoroughly review and investigate the annexation," Scoufos said Tuesday.

Scoufos said the annexation "has been in question for quite some time."

Scoufos said he expects that a new hearing date will be set within seven to 10 days.

Wales filed the petition for a declaratory judgement in district court Jan. 9. Wales said, "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 correctly, 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."

District 1 Commissioner Bruce Tabor said the county commissioners have received complaints about Moffett law enforcement officers behaviors and methods, which is why he wishes they be a part of the case. Scoufos and George took on the case of a $1 fee.