In re the Corporate Limits of the City of Brookhaven


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Docket Number: 2004-AN-01641-SCT
Linked Case(s): 2004-AN-01641-SCT ; 2004-AN-01641-SCT

Supreme Court: Opinion Date: 04-05-2007
Opinion Author: Diaz, J.
Holding: Affirmed

Additional Case Information: Topic: Annexation - Reasonableness
Judge(s) Concurring: Smith, C.J., Graves and Dickinson, JJ.
Non Participating Judge(s): Cobb, P.J.
Dissenting Author : Easley, J.
Concurs in Result Only: Waller, P.J., Carlson and Randolph, JJ.
Nature of the Case: CIVIL - MUNICIPAL BOUNDARIES AND ANNEXATION

Trial Court: Date of Trial Judgment: 08-03-2004
Appealed from: Lincoln County Chancery Court
Judge: John C. Ross, Jr.
Case Number: 2002-0698

Note: Link Inactive

  Party Name: Attorney Name:  
Appellant: In the Matter of the Enlarging, Extending, and Defining the Corporate Limits of the City of Brookhaven, Lincoln County, Mississippi








 

Appellee: n/a  

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Topic: Annexation - Reasonableness

Summary of the Facts: The City of Brookhaven sought to absorb the land of its neighbors into its boundaries. The annexation was approved by the chancery court, and Citizens Against Annexation appeal the court’s determination that the annexation is reasonable.

Summary of Opinion Analysis: Of the twelve indicia of reasonableness, the CAA concedes outright the presence of five. They concede the presence of potential health hazards from sewage and waste disposal in the annexed areas, as Lincoln County provides no sewer support, the soil type is largely unsuited to onsite septic systems, and open sewage has been witnessed throughout the proposed annexation area, including near a local private school. They also concede that the City has the financial ability to make needed improvements and furnish municipal services in the proposed annexation area. The need of the City to expand is conceded by the CAA’s brief, supported by an ample record, and was actually admitted by CAA’s expert at trial. The CAA argues that portions of the proposed area are not in the path of growth. However, the area does not have to be located in the most urgent area of growth or even in the city’s primary path of growth, but simply in a path of growth. The City has spilled over into the proposed area and is continuing to expand into the county. Thus, it is reasonable to find that all of the adjacent areas of the City are in a path of growth. The evidence showed that zoning and other planning could maximize the economic use of land in the City and the proposed area, thus benefitting all involved. The proposed area clearly needs City services, and Brookhaven is in the position to provide them. Brookhaven has already extended municipal services well beyond its boundaries without recompense. The increased taxes of those in the proposed area would be amply offset by increased goods and services. In addition, testimony was introduced at trial that those in the proposed area would soon received a better fire rating, which could result in greatly lowered fire insurance premiums. Viewed looking at all these factors, Brookhaven’s annexation of the proposed area is entirely reasonable.


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