In re Corporate Limits of the City of Brookhaven
| Docket Number: | 2004-AN-01641-SCT Linked Case(s): 2004-AN-01641-SCT ; 2004-AN-01641-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-14-2007 Opinion Author: Diaz, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Annexation - Reasonableness Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Lamar, J. Dissenting Author : Easley, J. Concurs in Result Only: Randolph, J. Procedural History: Bench Trial Nature of the Case: CIVIL - MUNICIPAL BOUNDARIES AND ANNEXATION |
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| Trial Court: |
Date of Trial Judgment: 08-03-2004 Appealed from: LINCOLN COUNTY CHANCERY COURT Judge: John C. Ross, Jr. Disposition: Determined that Annexation by city of Brookhaven is reasonable Case Number: 2002-0698 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Citizens Against Annexation |
T. JACKSON LYONS |
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| Appellee: | City of Brookhaven | JERRY L. MILLS JOSEPH A. FERNALD, JR. |
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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 motion for rehearing is denied, and this opinion is substituted for the original opinion. The City of Brookhaven seeks to absorb the land of its neighbors into its boundaries. The objectors, the Citizens Against Annexation, appeal the determination by the chancery court that the annexation is reasonable. |
| Summary of Opinion Analysis: | Of the twelve indicia of reasonableness, the objectors 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 to furnish municipal services in the proposed annexation area and acknowledge that no natural barriers exist between the city and the proposed annexation area. The past performance and time element involved in the City’s provision of services to its present residents was also conceded. Lastly, the impact on minority voting strength was found to be de minimis. The need of the City to expand is conceded by the objectors’ brief, supported by an ample record, and was actually admitted by the objectors’ expert at trial. There are multiple paths of growth, some more urgent than others, but it is reasonable to find that all of the adjacent areas of the City, which the proposed area comprises, 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. The proposed area already receives a large volume of services without tendering taxes in return, including fire and police protection. Looking at the totality of these factors, Brookhaven’s annexation of the proposed area is entirely reasonable. The objectors urge the Court to adopt a new guideline requiring cities to quantify the degree of purported urbanization within a territory proposed to be annexed when, as here, a large area of vacant, timber, and agricultural land is included within the area desired to be annexed. Annexation is an exercise of legislative power, not judicial power, and section 21-1-33 requires the Court to determine if the annexation is reasonable. |
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