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The Courier-Journal, October 20, 1956:Appeals Court Upholds AnnexingJefferson Circuit Court Judge’s Adverse Decision Is ReversedThe Court of Appeals ruled yesterday that the City of Louisville can annex a large part of the St. Matthews business district.The decision reversed Judge Stephen Jones of Jefferson Circuit Court. A jury in Judge Jones’ court returned a verdictagainst annexation in March, 1955.Louisville passed an ordinance proposing to annex the business district in 1946. A remonstrance petition was filed in CircuitCourt, however , and the petition did not come to trial until last year. Meanwhile, the City of St. Matthews annexed thedistrict in 1953.The area in question runs along both sides of Lexington Road from Eline avenue east to Shelbyville Road.It continues east on the north side of Shelbyville Road to Chenoweth Lane and on the south side as far as Fairfax Avenue.Between Wallace and Fairfax, it dips south in jogs as far as Willis, Davies, and Grandview Avenues.It includes the St. Matthews City hall and Police Headquarters at 131 Breckenridge Lane.Louisville Mayor Delighted: Louisville’s Mayor Broaddus commented:Louisville Wins Business Area“If the decision had gone against us, I would have accepted it. Naturally, I’m delighted that the decision was for us. I feelsure the Court of Appeals ruling is correct, fair, and just. I hope everybody will accept it in that spirit.”St. Matthews Mayor James H. Noland said he was not surprised by the decision, but would fight “it” if recourse is available.”He noted that a “good portion” of the St. Matthews business district is not involved in the court decision.Attorney ‘Not Excited’: Wilbur O. Fields, attorney for businessmen who fought the annexation attempt, said he was “notexcited” by yesterday’s ruling.Fields said that in his opinion the Mallon-plan proposal repeals the 1946 ordinance under which Louisville sought the annexation.Therefore the outcome of the Mallon-plan vote November 6 will determine whether the area becomes annexed, Fields said.A petition for rehearing the case can be made to the Court of Appeals within 30 days. If this is done, the City of Louisvillehas another 30 days to file an answer to the petition.Will Await Vote: Briefs then would be submitted by both sides to reach a final determination of the case.Fields said he would wait until after the vote on the Mallon plan to decide if a rehearing will be sought. The vote will determinewhether a large suburban area, including St. Matthews, will be merged with Louisville.Herman Friek, assistant City attorney who argued the City’s case in last year’s trial, was asked to comment on Field’s opinionthat the Mallon plan repeals the earlier annexation ordinance.“That’s a point he will have to attempt to prove in future litigation,” he said.Louisville Steps Outlined: If and when a final judgment is handed down upholding Louisville’s proposing-annexationordinance, the City will then pass an ordinance actually annexing the area.Immediate steps then will be taken to provide City services to the area, said Mayor Broaddus and City Consultant RoyOwsley.Both Broaddus and Owsley felt the Court of Appeals decision would have a favorable effect on the Mallon-plan vote.“It should create additional sentiment for orderly annexation, with services furnished by the City as set forth by the Mallonplan,” Broaddus said.William L. Archer, chairman of the St. Matthews Annexation Protective Association, a party to last year’s suit against annexationby Louisville, called yesterday’s ruling “quite a setback.”Will Fight Decision: He said it would “take the backbone out of the City of St. Matthews.” He added that the businessdistrict should .not be separate from the rest of the City of St. Matthews.Archer said his group would fight the decision.St. Matthews Mayor Noland disagreed that loss of the business area would be severe for the fourth-class City of St. Matthews.He estimated a loss of about $22,500 in tax revenues if the area is annexed, out of a total of $900.00 available to his City.Louisville Claim Superior: The Court of Appeals ruling, delivered in Frankfort., was written by Commissioner Robert K.Cullen.