In March, a judge approved the motion by Keep Black Forest Free, opponents of the Black Forest incorporation efforts, to intervene with the petition process. Another motion to dismiss the petition process was filed as well.The proponents of the Black Forest incorporation responded in a brief filed with the court April 3. The following is an excerpt from the brief:ìThe only issue presented by the Amended Motion To Dismiss that has any merit at all for consideration by the Court is whether Black Forest is ìurban in character.îHowever, this requirement embodies a flexible criteria for determination by the Court in its reasonable discretion.îBlack Forest incorporation members content that they have met the definition of an urban area under the Municipal Annexation Act of 1965. The brief cited population statistics as an inadequate source to define ìurban,î citing the U.S. Census Bureau contention that population is an ìinadequateî measure to define an urban area for purposes of incorporation.Regarding the other issues presented by the opponents of incorporation, the brief stated, ìAll of the other issues presented by Intervenors are unequivocally established by the Petitions and Supplemental Documents.îBlack Forest Incorporation Committee leader Eddie Bracken said the opposing side had until April 16 to respond. (after the NFH deadline ñ weíll follow up in the May 5 issue)
