In re City of Marion v. City of Meridian
| Docket Number: | 2006-AN-01431-SCT Linked Case(s): 2006-AN-01431-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-14-2008 Opinion Author: GRAVES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Annexation - Reasonableness Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, GRAVES, DICKINSON, RANDOLPH AND LAMAR, JJ. Dissenting Author : EASLEY, J., without separate written opinion. Procedural History: Municipal Boundaries and Annexation Nature of the Case: CIVIL - MUNICIPAL BOUNDARIES & ANNEXATION |
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| Trial Court: |
Date of Trial Judgment: 08-10-2006 Appealed from: Lauderdale County Chancery Court Judge: Jason H. Floyd, Jr. Disposition: The Chancellor granted approval of Meridian's annexation of unincorporated territory located within Lauderdale County. Case Number: 02-845-M |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | IN THE MATTER OF THE ENLARGING, EXTENDING
AND DEFINING THE CORPORATE LIMITS AND
BOUNDARIES OF THE CITY OF MERIDIAN,
LAUDERDALE COUNTY, MISSISSIPPI: THE TOWN
OF MARION, MISSISSIPPI, LAUDERDALE COUNTY,
MISSISSIPPI, CITIZENS AGAINST ANNEXATION
AND EAGLE POINTE HOMEOWNER’S
ASSOCIATION, INC. |
JAMES L. CARROLL,
J. CHADWICK MASK,
EILEEN N. SHAFFER,
JACOB THOMAS EVANS STUTZMAN |
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| Appellee: | CITY OF MERIDIAN, MISSISSIPPI | JERRY L. MILLS | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Annexation - Reasonableness |
| Summary of the Facts: | The City of Meridian filed a petition in chancery court seeking to annex approximately 9.3 square miles of unincorporated territory located within Lauderdale County. The Town of Marion filed a formal objection to the petition. Lauderdale County, the Citizens Against Annexation, and the Eagle Pointe Homeowners’ Association filed an answer opposing Meridian’s annexation petition. The trial court granted Meridian all of the territory it sought to annex with the exception of the northernmost portion of Parcel Three, which is immediately to the east of the eastern boundary of Marion. The Town of Marion and Lauderdale County appeal. |
| Summary of Opinion Analysis: | The twelve indicia in determining whether a proposed annexation is reasonable include the municipality’s need to expand, whether the area sought to be annexed is reasonably within a path of growth of the city, potential health hazards from sewage and waste disposal in the annexed areas, the municipality’s financial ability to make the improvements and furnish municipal services promised, need for zoning and overall planning in the area, need for municipal services in the area sought to be annexed, whether there are natural barriers between the city and the proposed annexation area, past performance and time element involved in the city’s provision of services to its present residents, economic or other impact of the annexation upon those who live in or own property in the proposed annexation area, impact of the annexation upon the voting strength of protected minority groups, whether the property owners and other inhabitants of the areas sought to be annexed have in the past, and in the foreseeable future unless annexed will, because of their reasonable proximity to the corporate limits of the municipality, enjoy economic and social benefits of the municipality without paying their fair share of taxes, and any other factors that may suggest reasonableness. The trial court found that there had been significant spillover development into Parcel One and that this spillover is caused, in part, by the lack of developable land within the City of Meridian. The chancellor’s finding that Meridian had shown the existence of a need for expansion was supported by substantial and credible evidence. Meridian adduced evidence that the PAA is within a path of growth; that development has spilled over from Meridian into the area sought to be annexed; that the area is adjacent to Meridian; that the areas are interconnected by transportation corridors; that the PAA has experienced significant residential development; and that there is little land left for development in Meridian. Meridian adduced evidence of potential health hazards from the disposal of solid waste in all portions of the PAA. Further, Meridian demonstrated that the soil in the PAA is unsuitable for septic tank usage. Meridian set out the proposed services and improvements and the time frame for making them in the ordinance of annexation. Further, Meridian indicated that it has taken additional steps of adopting a much more specific plan of when and how it will provide each service. Meridian offered evidence of a need for municipal-level planning and zoning within the PAA. Further, Meridian offered evidence that Lauderdale County has no zoning ordinance and that the lack of an ordinance has resulted in incompatible land uses within the PAA. Meridian maintained that the PAA is in need of municipal services or will be within the foreseeable future. Further, health hazards and the need for municipal sewage services exist in the PAA. Moreover, Meridian offered that the PAA would benefit from municipal police and fire protection through increased personnel and equipment and through a lower fire rating. No evidence of natural barriers was presented. The chancellor’s finding that no natural barriers exist was supported by substantial and credible evidence. Meridian provided sufficient evidence of the high level of service provided to the areas last annexed. The chancellor’s finding that residents and property owners in the PAA will receive valuable services in return for the additional taxes they will pay was supported by substantial and credible evidence. Meridian maintained that it had configured the proposed annexation so that no potential minority voters within the path of growth were excluded and that it had clearly established the non-discriminatory purposes of the annexation. The chancellor’s finding that the residents of the PAA benefit from Meridian without paying taxes was supported by substantial and credible evidence. Given the twelve indicia, the chancellor’s findings of reasonableness as to the annexation of the areas within the PAA were supported by substantial and credible evidence. |
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