City of Madison v. City of Huntsville

555 So. 2d 755, 1989 Ala. LEXIS 1037, 1989 WL 162194
CourtSupreme Court of Alabama
DecidedDecember 29, 1989
Docket88-370, 88-371
StatusPublished
Cited by3 cases

This text of 555 So. 2d 755 (City of Madison v. City of Huntsville) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Madison v. City of Huntsville, 555 So. 2d 755, 1989 Ala. LEXIS 1037, 1989 WL 162194 (Ala. 1989).

Opinions

JONES, Justice.

This is an annexation case involving Limestone County and the municipalities of Huntsville, Decatur, Madison, and Athens. Limestone County appeals from a judgment in favor of the municipalities declaring valid all of the challenged annexations except two annexations made by Decatur and three annexations made by Athens. The City of Madison cross-appeals, attacking that portion of the judgment that also declared valid an annexation by the City of Athens.1 We affirm the trial court’s judgment as to the annexations by Huntsville, Madison, and Decatur; however, we reverse that part of the judgment holding that the annexation by Athens was valid.

Because the trial court’s opinion contains a complete statement of the proceedings, the facts, the issues, and the holdings made the basis for this appeal, we set out the pertinent portions of the trial court’s judgment:

“This is a petition by Limestone County, Alabama, and Bernard Clark for a declaratory judgment that certain ordinances adopted by the cities of Huntsville, Decatur, and Madison, Alabama, annexing lands located in Limestone County be declared invalid. The City of Madison, Alabama, by [a third-party complaint,] joined the City of Athens, Alabama, and likewise seeks to declare a series of annexation ordinances by the City of Athens invalid. Additionally, the Defendants, the cities of Huntsville, Decatur, and Madison, seek to have declared invalid Act No. 86-394 of the Alabama Legislature, Regular Session 1986, effective April 28, 1986, which prohibits municipalities, whose corporate limits are not wholly within Limestone County, from annexing lands located in Limestone County without the consent of the Limestone County Commission.

“Thus, this action concerns annexations by four different cities. The City of Athens is the county seat of Limestone County. Prior to the annexations, the cities of Huntsville and Madison did not extend beyond the boundaries of Madison County and the City of Decatur did not extend beyond the boundaries of Morgan County. No statute or decision has been cited which prohibits a municipality from extending its borders into an adjoining county. Annexations do not, in any way, alter the county or its boundary lines in that the county boundary lines remain the same as before an annexation, but the corporate limits of a municipality are merely extended into the county. Thus, property within the borders of a city is still part of the county and subject to county taxes, the jurisdiction of the county’s sheriff’s department, and other related matters. The process of annexation is not a process of taking away from the county, but merely of adding to the municipal governing area.

“In general, the areas annexed, which are shown by the annexation ordinances and the maps introduced into evidence, are as follows: The City of Athens, Alabama, annexed approximately nine miles along U.S. Highway 72 east of Athens with three areas extending off the highway and several other annexations into the southern portion of the county, south of the City of Athens; the City of Decatur extended its boundaries across the Keller Memorial Bridge and the causeway extending north across the Tennessee River and Wheeler Lake into an area along the south bound[757]*757ary of Limestone County; the City of Madison extended its borders across the east boundary of Limestone County; the City of Huntsville annexed a large area of land along the north boundary of Wheeler Lake and extending north thereof both east and west of the Huntsville International Jetport. All the annexations in question were brought about as a result of petitions of the landowners and the subsequent adoption of an ordinance of annexation by the municipality as provided for by statute. The areas in question are sparsely populated. However, as regards the City of Decatur, the annexations are adjacent to, but do not include, Calhoun Community College, the Saginaw Steering Gear Division Plant of General Motors, and an area to the west of U.S. Highway 31 north of this area.

“Beginning in March of 1986, the cities concerned began the adoption of a series of ordinances annexing the areas in question. The area to the east of U.S. Highway 31 in Limestone County has been viewed by civic leaders and planners as an area of high potential growth. A spur to Interstate 65 (designated 1-565) is presently under construction and will connect the City of Huntsville with Interstate 65 in south Limestone County and extend in a general northeast direction adjacent to the Jetplex and through and near several industrial areas located in Madison County. The area adjacent to the airport has been one of tremendous growth within the past several years with the location of numerous industries showing high potential for future growth and employment. It should be noted that the City of Huntsville is blocked in its future growth in an easterly direction by the location of Redstone Arsenal, which as a federal reserve is not subject to development, and it is anticipated that the area in south Limestone County will develop at a rapid pace for both industrial and residential purposes.

“It should be noted further that the area along U.S. Highway 72 between the cities of Athens, Madison, and Huntsville has developed rapidly in recent years and the proximity of the eastern portion of Limestone County, between Athens and Madison, to this area of rapid industrial growth would indicate that eastern Limestone County will continue its rapid growth. In recent months, the National Aeronautics and Space Administration has announced the awarding of a contract for the building of a space station to the Boeing Company, which has announced that a large portion of the work will be done at a site in southern Madison County. Madison County has been an area of rapid growth, particularly in regard to new industry and business. In recent years, the population of the City of Madison has increased from approximately 3,000 to 12,000 persons. Thus, the area is one of rapid growth and the cities have shown an interest in controlling this growth and fostering its growth by the use of zoning and the offering of municipal services such as utilities, sewage, and police and fire protection.

“The Plaintiffs object to the annexations by the City of Madison by Ordinances 86-25 and 86-29 as being invalid since they were adopted without the permission of the Limestone County Commission as required by Act No. 86-394, the 1986 Legislature. The City of Madison and the cities of Decatur and Huntsville contend that Act No. 86-394 is unconstitutional. It is admitted that the ordinances of the City of Madison, 86-25 and 86-29, were passed without the permission of the Limestone County Commission. Also, a justiciable controversy exists between the Plaintiffs and the cities of Huntsville and Decatur since this Act would affect their right to make future annexations. The Defendants contend that Act No. 86-394 of the Alabama Legislature is unconstitutional [because, among other grounds,] it is an amendment to the cities’ charters....

“Article IV, § 104(18) of the Alabama Constitution, prohibits the legislature from passing special, private, or local laws which amend, confirm, or extend the charter of any private or municipal corporation or remit the forfeiture thereof; provided, that the legislature is not prohibited from altering or rearranging the boundaries of a city, town, or village. The Act in question is clearly a local law in that it is a law which applies to a political subdivision of the [758]*758state.

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Cite This Page — Counsel Stack

Bluebook (online)
555 So. 2d 755, 1989 Ala. LEXIS 1037, 1989 WL 162194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-madison-v-city-of-huntsville-ala-1989.