An attempt to mediate the annexation of property adjacent to Mandan's new junior high has failed and the city is now petitioning to have an administrative law judge resolve the matter.

Attorney Pat Ward sent a letter to Gov. John Hoeven Friday, recommending the mediation effort cease. Ward was appointed by the governor to guide a mediation effort between the city and the property owners in the proposed annexation.

"I am writing to inform you, pursuant to Section 40-15.2-07.1 of the North Dakota Century Code, that in my opinion continued mediation of the Mandan north side proposed annexation is no longer worthwhile," Ward wrote.

Ward added that he had met several times with the involved parties and attorneys and at times it appears a resolution was close at hand.

"I regret to inform you that there are still significant differences between the parties," Ward explained. "It appears at this point that the process will be more expeditiously handled by the city proceeding to an administrative law judge as provided by statute.

City attorney Malcolm Brown said he will petition to have an administrative law judge appointed to the case and hold a hearing on the matter. At the hearing the city will present evidence on why the annexation should take place and opponents will have the opportunity to defend their position.

Brown admitted that he was disappointed that the mediation did not resolve the matter and felt that Ward was of a similar opinion.

Many of the specifics that were part of the mediation effort such as extension of water, sewer and street development may not be detailed in the arguments made before the administrative law judge.

The office of administration will likely appoint an administrative law judge to the case who will likely convene a hearing in the next 60 days, according to Brown.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@bismarcktribune.com.)