City of Horn Lake v. City of Southaven

5 So. 3d 375, 2009 Miss. LEXIS 3, 2009 WL 90634
CourtMississippi Supreme Court
DecidedJanuary 15, 2009
Docket2007-AN-00826-SCT
StatusPublished
Cited by8 cases

This text of 5 So. 3d 375 (City of Horn Lake v. City of Southaven) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Horn Lake v. City of Southaven, 5 So. 3d 375, 2009 Miss. LEXIS 3, 2009 WL 90634 (Mich. 2009).

Opinion

DICKINSON, Justice,

for the Court.

¶ 1. The Chancery Court of DeSoto County found that the City of Southaven’s proposed annexation was reasonable and granted the annexation. We affirm.

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. The City of Southaven (“the City”) sought to annex three separate parcels; specifically, property to the northeast (the “Northeast Parcel”), to the south and to the northwest of the city. The Northeast Parcel is bordered on three sides by the City of Southaven and, on the fourth, by the City of Olive Branch.

¶ 3. On March 5, 2004, the City filed its petition to annex in the Chancery Court of DeSoto County. On October 27, 2005, Summerwood Homeowners’ Association, Whitten Place Homeowners’ Association, and individual objectors (collectively, “the Objectors”) filed a motion to dismiss challenging the accuracy of the description of the proposed annexation area (the “PAA”). The chancery court ruled that the description of the PAA was defective, but denied the other relief sought in the motion. On February 10, 2006, the City filed an amended petition in response. Thereafter, a bench trial was scheduled for September 18, 2006.

¶ 4. In its final judgment, the chancellor found that the proposed annexation was reasonable in its entirety and granted the annexation. The Objectors appeal only as to the annexation of the Northeast Parcel.

ANALYSIS

¶ 5. In annexation matters, this Court employs a limited standard of review and will reverse a chancellor’s decision only if it is manifestly wrong and not supported by substantial and credible evidence. Town of Marion v. City of Meridian (In re Enlarging, Extending & Defining the Corporate Limits & Boundaries of the City of Meridian), 992 So.2d 1113, 1116 (Miss.2008) (citing In re Extension of Boundaries of City of Hattiesburg, 840 So.2d 69, 81 (Miss.2003)).

¶ 6. Summarily, the appellate review is limited to the question of whether the annexation is reasonable, under the totality of the circumstances. See Lamar County v. City of Hattiesburg (In re Extension of the Boundaries of Hattiesburg), 840 So.2d 69, 73 (Miss.2003). To deter *377 mine the reasonableness of the annexation, this Court has laid out twelve indicia of reasonableness which are not separate, independent tests, but rather need to be considered under the totality of circumstances. Mun. Boundaries v. City of Madison, 650 So.2d 490, 494-95 (Miss. 1995). These indicia of reasonableness are:

(1) the municipality’s need to expand, (2) whether the area sought to be annexed is reasonably within a path of growth of the city, (3) potential health hazards from sewage and waste disposal in the annexed areas, (4) the municipality’s financial ability to make the improvements and furnish municipal services promised, (5) need for zoning and overall planning in the area, (6) need for municipal services in the area sought to be annexed, (7) whether there are natural barriers between the city and the proposed annexation area, (8) past performance and time element involved in the city’s provision of services to its present residents, (9) economic or other impact of the annexation upon those who live in or own property in the proposed annexation area, (10) impact of the annexation upon the voting strength of protected minority groups, (11) 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 (12) any other factors that may suggest reasonableness.

Madison, 650 So.2d at 494.

(1) Need to expand

¶ 7. When determining a city’s need for expansion, this Court has considered many factors, including:

(1) spillover development into the proposed annexation area; (2) the City’s internal growth; (3) the City’s population growth; (4) the City’s need for development land; (5) the need for planning in the annexation area; (6) increased traffic counts; (7) the need to maintain and expand the City’s tax base; (8) limitations due to geography and surrounding cities; (9) remaining vacant land within the municipality; (10) environmental influences; (11) the city’s need to exercise control over the proposed annexation area; and (12) increased new building permit activity.

In re Extension of Boundaries of City of Winona, 879 So.2d 966, 974 (Miss.2004) (citing In the Matter of the Enlargement and Extension of the Boundaries of the City of Macon, 854 So.2d 1029, 1034 (Miss. 2003)).

¶ 8. The City is a rapidly developing city with a population increase of twenty-five percent in the four years that followed the 2000 census. Chris Watson, the City’s Urban Regional Planner, testified that the City is also growing in the commercial, residential, industrial and public sectors, as evidenced by the increased building permit activity in both commercial and residential structures. Moreover, with the rate of population increase and commercial and industrial development, the land in Southaven is quickly being absorbed, thereby accelerating the City’s need for vacant, developable land. The City’s path for potential growth is also limited in places by the Tennessee state line and the borders of other cities in DeSoto County.

¶ 9. However, the trial court specifically stated in its “Findings of Facts and Conclusions of Law” that the City has no “need for developable land” in the Northeast Parcel because the parcel “is essentially built out.” Even though we adopt *378 the chancellor’s finding of the fact that the Northeast parcel is “built out,” we do not agree with his analysis of this indicium. Under this indicium, we assess the municipality’s need to expand, which is independent of the character of the land sought to be annexed. Therefore, we find that the City properly demonstrated its need to expand. Consequently, the indicium favors annexation.

(2) Path of growth

¶ 10. In determining the indicia of reasonableness for the path of growth, this Court has said that a “city need only show that the areas desired to be annexed are in ‘a’ path of growth [sic] this does not mean that the area is ‘the most urgent or even the city’s primary path of growth.’ ” City of Winona, 879 So.2d at 977 (citations omitted). Moreover, this Court has set out a number of factors to be considered, such as: (1) spillover development in annexation area; (2) annexation area immediately adjacent to City; (3) limited area available for expansion; (4) interconnection by transportation corridors; (5) increased urban development in annexation area; (6) geography; and (7) subdivision development. Id.

¶ 11. This Court, in Enlargement and Extension of Municipal Boundaries of City of Meridian v. City of Meridian,

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Bluebook (online)
5 So. 3d 375, 2009 Miss. LEXIS 3, 2009 WL 90634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-horn-lake-v-city-of-southaven-miss-2009.