City of Tuskegee v. Lacey

486 So. 2d 393, 1985 Ala. LEXIS 4279
CourtSupreme Court of Alabama
DecidedDecember 20, 1985
Docket84-415
StatusPublished
Cited by14 cases

This text of 486 So. 2d 393 (City of Tuskegee v. Lacey) 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 Tuskegee v. Lacey, 486 So. 2d 393, 1985 Ala. LEXIS 4279 (Ala. 1985).

Opinion

486 So.2d 393 (1985)

CITY OF TUSKEGEE, et al.
v.
Andrew J. LACEY, et al.

84-415.

Supreme Court of Alabama.

December 20, 1985.
Rehearing Denied and Special Concurrence Modified March 31, 1986.

Fred D. Gray and Walter E. McGowan of Gray, Langford, Sapp, Davis & McGowan, Tuskegee, for appellants.

Ira De Ment and Joan Van Almen of De Ment & Wise, Montgomery, for appellees.

PER CURIAM.

The summary judgment from which this appeal is taken recites the following facts:

This is the Macon County dog track annexation case.
The City of Tuskegee undertook to annex into its city limits the Macon County dog track property by landowners' consent and ordinance, as authorized in Alabama Code section 11-42-21. Prior to this annexation, the dog track property was about fourteen miles from the nearest property within Tuskegee's city limits. Alabama law requires that the annexed land must be contiguous to land which is already within the city limits.
To connect the dog track property and land within the existing city limits of Tuskegee, and thereby make the dog track property contiguous to land within its city limits, the City of Tuskegee annexed a corridor about fourteen miles long which consists solely and exclusively of the rights-of-way of public roads. Beginning at the city limits of Tuskegee, this corridor consists of about ten miles of U.S. Highway 80, then proceeds for about two miles along a county road, and finally proceeds along Interstate 85 for about two miles to the dog track property. Consent of the landowners whose properties about the rights-of-way in question was not obtained. In fact, this suit was filed by one or more persons whose lands abut the annexed rights-of-way. The owner of the dog track property *394 consented to the annexation of the dog track property, and in its petition for annexation to the City of Tuskegee, represented that it owned the fourteen miles of public road rights-of-way in question and consented to the annexation of these public road rights-of-way.
The foregoing facts, at least for the purpose of Plaintiff's Motion for Summary Judgment, are not in dispute.

Because the issue of "standing" raised by defendant/appellee City of Tuskegee is not expressly dealt with in the trial court's judgment, we now address this threshold issue.

The primary ground on which the City challenges the standing of the property owners' right to seek relief is a city ordinance exempting these plaintiff property owners from the payment of taxes or the exercise of other regulations or controls. Implicitly, the trial judge rejected the City's "standing" contention and explicitly observed that "this suit was filed by one or more persons whose lands abut the annexed rights-of-way."

We believe that this initial issue can be summarily disposed of by simply noting that all of the plaintiffs are property owners within the City's police jurisdiction, as that jurisdiction is determined by the newly-annexed public rights-of-way, and that certain of the plaintiffs own property abutting the public rights-of-way involved. This proximity to the "annexed" corridor, which authorizes the City to exercise certain power and control over the property and its owners, supplies sufficient interest in these plaintiffs, affected by their inclusion, to give them standing to prosecute this action.

Moreover, one of the alternative remedies sought is quo warranto relief pursuant to Code 1975, § 6-6-591 (see, also, Annot., 18 A.L.R.2d 1255, § 7 (1951); State ex rel. Martin v. City of Gadsden, 214 Ala. 66, 106 So. 229 (1925)), and the mere threat of taxation affords sufficient interest in a relator to maintain suit. See, generally, Annot., 13 A.L.R.2d 1279 at § 7 (1959). We hold, therefore, that the trial court did not err in denying the City's motion to dismiss for lack of standing. See, also, People ex rel. Kirby v. City of Effingham, 43 Ill.App.3d 360, 2 Ill.Dec. 28, 356 N.E.2d 1315 (1976).

Addressing the merits of the case, the trial court decreed as follows:

This Court is aware of the Alabama law which provides that two parcels of land on opposite sides of a public road right-of-way are deemed to be contiguous for the purpose of annexation (this we will refer to as the "public right-of-way doctrine"). This Court is also aware of the Alabama law which provides that a parcel of land many miles away from a city's corporate limits may nevertheless be deemed contiguous to land within the city if there is a narrow corridor or strip of land which connects land within the city and the distant parcel, where the corridor consists of private property (as opposed to public road right-of-way) and all of the owners thereof have consented to annexation (this we will refer to as the "corridor doctrine").
What the City of Tuskegee and the owner of the dog track property have attempted to do in this case is wed the public right-of-way doctrine and the corridor doctrine, and produce a hybrid offspring which can best be described as the "long lasso doctrine." This does violence to the purpose and intent of the Alabama annexation law, and produces a result which we think goes far beyond anything the Legislature contemplated or intended.
If the long lasso doctrine were the law of this State, it would not take much imagination to foresee how it could be abused and the problems that it would create, and we cannot make an exception for the City of Tuskegee in this case, no matter how pure the City's motives might be, or how beneficial the results might be to the City and the dog track.
There being no material issue of fact as to the City of Tuskegee's method of annexation, Plaintiffs are entitled to Summary Judgment as a matter of law. *395 Accordingly, it is Ordered, Adjudged and Decreed that the attempted annexation of the dog track property by the City of Tuskegee, pursuant to City of Tuskegee Ordinance No. 84-1 and Ordinance No. 84-2, exceeds the lawful authority of the City of Tuskegee, and [it is] declared to be null and void.

We reverse the trial court's grant of summary judgment for two reasons.

First, the trial court was in error because there exists a material issue of fact as to whether the road which served as a vehicle for the contiguity requirement of the annexation statute had been abandoned and had, thus, become private property. The annexation proceeding at issue in this case was conducted pursuant to Code 1975, § 11-42-21, which provides in part:

Whenever all of the owners of property located and contained within an area contiguous to the corporate limits of any incorporated municipality with a population of 2,000 inhabitants or more located in the state of Alabama, which property does not lie within the corporate limits or police jurisdiction of any other municipality, shall sign and file a written petition with the clerk of such municipality requesting that such property or territory be annexed to the said municipality, and the governing body of such municipality adopts an ordinance assenting to the annexation of said property to such municipality, the corporate limits of said municipality shall be extended and rearranged so as to embrace and include such property and such property or territory shall become a part of the corporate area of such municipality upon the date of publication of said ordinance.

Plaintiff F.C.

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Bluebook (online)
486 So. 2d 393, 1985 Ala. LEXIS 4279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-tuskegee-v-lacey-ala-1985.