City of Farmington v. McClard

437 S.W.2d 114, 1969 Mo. App. LEXIS 728
CourtMissouri Court of Appeals
DecidedJanuary 21, 1969
DocketNos. 33008, 33010
StatusPublished
Cited by3 cases

This text of 437 S.W.2d 114 (City of Farmington v. McClard) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Farmington v. McClard, 437 S.W.2d 114, 1969 Mo. App. LEXIS 728 (Mo. Ct. App. 1969).

Opinion

TOWNSEND, Commissioner.

Class action by the City of Farmington, a fourth class city against twenty-one named defendants, seeking, under the provisions of § 71.015, Laws of 1959, a declaratory judgment authorizing the annexation to the city of 991 acres owned by the defendants. Fifteen of the defendants answered in two groups; four others served were never represented. In the course of the trial the court gave leave to defendant McClard to withdraw his answer. The answering defendants have alleged that the proposed annexation is unreasonable, unnecessary and arbitrary, and not in the best interests of the City of Farm-ington, that the city is not in a position to furnish normal municipal services to the proposed area within a reasonable length of time, that the inhabitants and owners within the proposed area would receive no benefits from the proposed annexation but would be subjected to an additional burden of taxation and that as to them such annexation would be unreasonable.

From a judgment authorizing the annexation defendants prosecute this appeal.

In a proceeding such as this it is the function of the appellate court to review the case de novo and to arrive at its conclusions respecting the law and the facts. Here the case presents no issue of credibility.

Section 71.015 V.A.M.S. (Sawyer Act) provides as follows:

“Whenever the governing body of any city has adopted a resolution to annex any unincorporated area of land, such city shall, before proceeding as otherwise authorized by law or charter for annexation of unincorporated afeas, file an action in the circuit- court of the county in which such unincorporated area is situated, under the provisions of chapter 527 RSMo, praying for a declaratory judgment authorizing such annexation. The petition in such action shall state facts showing:
1. The area to be annexed;
2. That such annexation is reasonable and necessary to the proper development of said city; and
3. The ability of said city to furnish normal municipal services of said city to said unincorporated area within a reasonable time after said annexation is to become effective. Such action shall be a class action against the inhabitants [116]*116of such unincorporated area under the provisions of section 507.070, RSMo.”

There is no need to elaborate here upon the procedural and other changes effected by the adoption of this act. It has been the subject of voluminous judicial consideration. City of Olivette v. Graeler, Mo., 338 S.W.2d 827; City of Olivette v. Graeler, Mo., 369 S.W.2d 85; City of Bourbon v. Miller, Mo., 420 S.W.2d 296; City of Cape Girardeau v. Armstrong, Mo.App., 417 S.W.2d 661, 664; City of Aurora v. Empire District Electric Co., Mo.App., 354 S.W.2d 45; City of Houston v. Duff, Mo.App., 338 S.W.2d 373.

Central to the present controversy is the location of Highway 67 which may be explained as follows:

Old Highway 67 entered the incorporated area of Farmington at its extreme northwest corner and ran eastwardly and southeasterly across the northern and eastern portions of the city and exited at the eastern side of the city. Highway 67 has been relocated and now departs from the former route of 67 at a point approximately 3800 feet northwest of the extreme northwest corner of the- city; it then runs almost due south, thus by-passing the city entirely. In this southerly course Highway 67 is a non-access highway for a distance of approximately 9200 feet: none of plaintiff’s maps shows any means of access from the east for this distance. West Columbia Street, within the city, runs generally northeast to southwest; when it reaches the vicinity of the southwest corner of the city it is referred to as Highway W. About 2000 feet southwest of that southwest corner of the city, Highway W reaches Highway 67 and here one finds the first mapped access to Highway 67 from the east.

The area proposed to be annexed is traversed from north to south by Highway 67. The limits of that area may be described by segments as follows :

1.Commencing at the point where old Highway 67 leaves Highway 67 and running northwest 1950 feet and then jogging southwest about 1500 feet;

2. Thence north to south 10800 feet;

3. Thence northeast 42001 feet to the southwest corner of the presently incorporated area;

4. Thence approximately north along the present city line 2700 feet;

5. Thence northeast along the present city line about 1000 feet;

6. Thence north along the present city line 3900 feet to the center of old highway 67;

7. Thence northwest along the center of old Highway 67 1900 feet to the point of beginning.

The east line of Highway 67 varies from 2400 feet to 1600 feet west of the present city line. On the west side of Highway 67 the proposed annexation includes an area approximately 1950 feet wide and 10800 feet long (N and S).

There is thus presented for consideration an irregular tract varying roughly from 3900 to 4800 feet in width and at some points exceeding 10000 feet in length (N and S). Plaintiff’s exhibit designates 991 acres as the total area comprehended by the proposal. Within that area there are sixteen houses and other farm buildings.

The mayor of Farmington testified that generally most of the area is farm land, a matter well verified by defendants’ photographic exhibits. Seven witnesses, owning 457 acres within the proposed annexation area, each testified to his agricultural and live stock use of his property. Two other owners described their holdings as “just home”. None of the witnesses had any intention to subdivide his property; none saw any benefit to be derived from annexation and hence each preferred that his property remain outside the city.

Neither the mayor nor Mr. Sailor, the chairman of the council’s water committee, nor the City Engineer, knew of any person [117]*117or group who contacted city officials and requested the annexation of the area now proposed for annexation. Neither knew of any person other than defendant McClard who had indicated an intention to subdivide his property. And Mr. Sailor knew of no person in the proposed annexation area, other than McClard, who had requested the extension of any city services to his land. There were no public hearings by the City Council relating to the determination of the area to be annexed.

Of the owners of land within the proposed area who testified, at least five have their own deep wells (two of them have two each), another has his “own water supply” and another has five ponds, sufficient for his live stock needs.

Near the southwest corner of the city and lying immediately north of Highway W is the land owned by defendant Mc-Clard, which is bisected by Highway 67. All the McClard land lies within the proposed annexation area.

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Cite This Page — Counsel Stack

Bluebook (online)
437 S.W.2d 114, 1969 Mo. App. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-farmington-v-mcclard-moctapp-1969.