In re the Boundaries of the City of Laurel
| Docket Number: | 2002-AN-01805-SCT Linked Case(s): 2002-AN-01805-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-15-2004 Opinion Author: Smith, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Annexation - Full hearing - Determination of reasonableness Judge(s) Concurring: Cobb, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Pittman, C.J., Waller, P.J., Diaz and Easley, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - MUNICIPAL BOUNDARIES AND ANNEXATION |
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| Trial Court: |
Date of Trial Judgment: 10-22-2002 Appealed from: Jones County Chancery Court Judge: Franklin McKenzie, Jr. Disposition: The chancellor concluded that the right-of-way cannot be used to make a parcel of property contiguous to a municipality for annexation purposes. Case Number: 2002-0616 |
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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 - Full hearing - Determination of reasonableness |
| Summary of the Facts: | The City of Laurel adopted an annexation ordinance seeking to annex a parcel of land in Jones County. Randy Chesney, the owner of a convenience store located on a one-acre tract, requested the annexation of his property. In addition to annexing Chesney’s property the City sought to annex an area which follows the right-of-way of Highway 15 from the existing city limits to the Chesney tract. The City filed its petition seeking approval of the annexation in chancery court. At the beginning of the hearing on the annexation, the chancellor announced that the annexation could not proceed, because such use of a right-of-way could result in improper annexation of property all over the county, either voluntarily or involuntarily. The chancellor dismissed the City’s petition, and the City appeals. |
| Summary of Opinion Analysis: | The determinative issue is this case is whether the chancellor must conduct a full hearing allowing for evidence and testimony and utilizing the indicia of reasonableness factors to determine if the proposed annexation is to be allowed. The duties of the chancellor arise only after municipal authorities define and fix the boundaries of territory to be annexed, the proposed ordinance passes, and the municipality presents a petition to the court. The judicial function is to determine the reasonableness of the ordinance. The only power vested in the court is in the determination of the reasonableness or unreasonableness of an enlargement and whether it should be reduced. Therefore, the chancellor erred in failing to proceed with evidence and testimony to determine ultimately whether the proposed annexation of the Chesney tract and the connecting corridor consisting of a public highway and adjacent right-of-way was reasonable. |
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