City of Pacific v. Metro Development Corp.

922 S.W.2d 59, 1996 Mo. App. LEXIS 845, 1996 WL 250456
CourtMissouri Court of Appeals
DecidedMay 14, 1996
DocketNo. 66890
StatusPublished
Cited by8 cases

This text of 922 S.W.2d 59 (City of Pacific v. Metro Development Corp.) 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 Pacific v. Metro Development Corp., 922 S.W.2d 59, 1996 Mo. App. LEXIS 845, 1996 WL 250456 (Mo. Ct. App. 1996).

Opinion

PUDLOWSKI, Judge.

This appeal concerns.the City of Pacific’s efforts to expand its municipal girth via the involuntary annexation procedures of RSMo § 71.015. Edwin and Caroline Upchurch, appellants herein, reside in an unincorporated section of Franklin County which lies within the area respondent Pacific originally sought to annex. However, appellants’ property was removed from the ambit of the annexation on the day of trial when respondent dismissed appellants from the ease. The trial court accepted appellants’ dismissal and, after respondent’s brief presentation of evidence, declared a judgment that respondent had satisfied the statutory conditions precedent to annexation. This judgment cast appellants on an island of unincorporated Franklin County, surrounded by the City of Pacific. It is this result, and the processes which yielded it, upon which we focus our attention.

Involuntary annexation is governed by § 71.015, and is accomplished in three stages, the first two of which are relevant to this appeal. The initial stage is one of planning and dissemination of information. The gov-[61]*61eming body of the city, presumably after researching the question, proposes an ordinance setting forth, inter alia, a “Plan of Intent” for the provision of municipal services to the region to be annexed. The ordinance, including the Plan of Intent and evidence which supports it, is then presented to the residents of the area to be annexed at a public hearing.

The second stage of the § 71.015 process involves judicial review of the annexing city’s efforts in the first stage. Specifically, the city brings an action for declaratory judgment. This lawsuit is to be a class action, in conformance with § 507.070 and requires the city to prove, inter alia, that it has the ability to furnish the annexed area with normal municipal services within a reasonable time, not to exceed three years after the annexation is to become effective. The final stage of the § 71.015 process, in which the question of annexation is submitted to the voters, is not at issue in this appeal.

The facts of the present ease which are necessary to its resolution can be condensed as follows: Having decided that growth pressures in the City of Pacific made annexation of more territory appropriate, and apparently cognizant of the dictates of § 71.015, respondent hired a consulting firm to assemble a Plan of Intent. Although the exact sequence is cloudy, an engineer was also hired to address the logistics of extending water and sewer service to the region. Respondent then held its public hearing on August 17, 1993. The transcript from that hearing demonstrates that while the engineer had started work on the plans for providing water and sewer service to the annex area, city officials were unable to answer many of the questions put to them by concerned residents. To wit, officials could not say what the plans would be for the installation of a sewer system for the Orchard Estates and Indian Hills neighborhoods; they could not state how much the residents would have to pay for sewer connections, if anything; they conceded that the topographical maps prepared by the engineer were merely preliminary and were not ready for public inspection; and, the engineer himself stated that none of the plans for the area west of Highway N were defined to any real extent. No time schedule for installation of sewer or water service was presented, other than the statement that such services would be in place within three years of annexation. While there was some discussion of a second public hearing, and the record does indicate that a second informal meeting was held, no transcript from this meeting was submitted.

Respondent filed its petition for declaratory judgment on February 4,1994, apparently naming all landowners and residents of the annex area as defendants. Fourteen named defendants, including appellants, filed answers; appellants’ answer sought dismissal of respondent’s petition. Trial of the declaratory judgment action occurred on September 1, 1994. Before trial, apparently in the trial judge’s chambers, respondent dismissed appellants and every other defendant who had shown up to contest the matter. Appellants did not make a record in objection to this dismissal. The trial then commenced, with respondent putting on evidence largely duplicative of that adduced at the public hearing. Neither respondent’s petition for declaratory judgment, nor the evidence introduced in support thereof, set forth a schedule for the provision of water or sewer service, other than the conclusory assurance that such would be accomplished within three years after annexation. The only evidence of respondent’s ability to provide these services was the statement of Ed Gass, Commissioner of Public Works, that he believed it could be done within three years. Respondent seems to be under the impression that certain exhibits, including the resolution in favor of annexation, the proposed annexation ordinance, and the Plan of Intent, were introduced as evidence at trial. They were not. We note, however, that none of these documents bear on the issues of ‘ability to provide services’ and ‘time schedule for provision of services’ with any more force than Gass’s testimony. At the conclusion of respondent’s case, the trial court granted judgment in its favor.

On September 2, 1994, the day after trial, appellants barraged the trial court with motions to set aside the dismissal, to intervene of right, and to set aside the judgment. These motions were denied.

[62]*62 Standing

On Appeal, respondent’s principal argument in defense of the trial court’s judgment is that appellants lack standing to contest it. Specifically, respondent contends that because judgment had been entered prior to appellants’ attempted intervention, there was no case in which to intervene; that because appellants were not parties against whom judgment was entered, they may not move to set aside that judgment; and that a voluntary dismissal is not appealable by the party dismissed, in any event. These general rules, competently enumerated by respondent, are not dispositive in this case.

Post-judgment intervention is possible where substantial justice requires it and where it inflicts no prejudice on any other party in the case. Meyer v. Meyer, 842 S.W.2d 184, 189 (Mo.App.1992). We believe this test is met in this case. Because we also find that the trial court erred in entering judgment for respondent, no prejudice will exist by appellants’ intervention. For substantially the same reason, we decide that appellants have standing to appeal their dismissal from the case at trial.

It is true of course that one may not generally appeal a judgment to which it was not a party. But the declaratory judgment phase of the involuntary annexation process is a rather unique proceeding, in that the municipal plaintiff is not seeking redress for any harm it has suffered, but is instead seeking judicial approval of its efforts to comply with § 71.015. In arguing that appellants may not contest the trial court’s judgment, respondent essentially reasons that the only parties affected by the annexation are those persons who stand to be annexed. This is not so. In Martee v. City of Kennett, 784 S.W.2d 621

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Bluebook (online)
922 S.W.2d 59, 1996 Mo. App. LEXIS 845, 1996 WL 250456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pacific-v-metro-development-corp-moctapp-1996.