Freeman v. Centerville City

600 P.2d 1003, 1979 Utah LEXIS 934
CourtUtah Supreme Court
DecidedSeptember 21, 1979
Docket15904
StatusPublished
Cited by7 cases

This text of 600 P.2d 1003 (Freeman v. Centerville City) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeman v. Centerville City, 600 P.2d 1003, 1979 Utah LEXIS 934 (Utah 1979).

Opinions

STEWART, Justice:

The property of the plaintiff, Clyde B. Freeman, was annexed by an ordinance passed by Centerville City pursuant to the provisions of § 10 — 2—401 U.C.A. (1977 Supp.)1 Freeman initiated a declaratory judgment action in the Second Judicial District for Davis County to test the constitutionality of the annexation. The trial court granted defendants’ motion to dismiss for failure to state a claim and upheld the constitutionality of § 10-2-401.2 From that order plaintiff appeals, arguing that the statute is constitutionally defective because it fails to provide that those in the area to be annexed must receive notice of the annexation proceedings and the right to elect whether or not to have their property annexed. In this regard he basically claims that because his property would be subject to tax assessments, liens, and encumbrances imposed by the City, he is deprived of property without due process of law. We affirm the judgment of the trial court.

Section 10-2-401 is the exclusive process provided by the Legislature whereby a municipality may extend its corporate limits by annexation. Pursuant to this statute, the initiative in the annexation process lies with the owners of the real property who seek annexation process. An accurate map of the property must be filed in the recorder’s office of the municipality, together with a written petition signed by a majority of the owners and by the owners of not less than one-third of the total value of the area to be annexed. The governing body of the municipality may then enact an ordinance formally annexing the subject property.

No claim is made in this case that the City of Centerville failed to comply with this procedure in annexing plaintiff’s property. The plaintiff does vigorously contend, however, that the statute itself is unconstitutional, under the due process clause of the Utah Constitution, Article I, § 7.3 Plaintiff specifically claims a deprivation of his property because annexation to a different jurisdiction will significantly alter his property rights in connection with such matters as taxation, zoning, and water rights. Plaintiff contends that these effects cannot be accomplished without formal legal notice to him of the proposed annexation and the right to vote on the proposal in an election duly called in the area sought to be annexed.

[1005]*1005The power to change or modify municipal boundaries is a legislative function, and as long as the statutory process is complied with, the courts will not generally interfere with the legislative prerogative, even though a person’s property by becoming subject to a different jurisdiction may be subject to different rules, obligations, or assessments. Bradshaw v. Beaver City, 27 Utah 2d 135, 493 P.2d 643 (1972); see also In Re Town of West Jordan, 7 Utah 2d 391, 326 P.2d 105 (1958); Application of Peterson, 92 Utah 212, 66 P.2d 1195 (1937); Plutus Mining Co. v. Orme, 76 Utah 286, 289 P. 132 (1930); Kimball v. Grantsville City, 19 Utah 368, 57 P. 1 (1899). Cf. Hunter v. City of Pittsburgh, 207 U.S. 161, 28 S.Ct. 40, 52 L.Ed. 151 (1907); Dillon on Municipal Corporations (5th Ed.) 617, § 355.4

In enacting § 10-2-401 the Legislature established a means for annexation which calls for the consent of both the annexing municipality and a majority of the property owners in the area seeking annexation. The initiation of the annexation process by petition is not the equivalent of an election, nor need it be. It is only the triggering process for the concerned municipality to consummate the annexation procedure by exercising its legislative power if it deems it appropriate to do so.

In keeping with general constitutional principles, a legislative body, such as a municipality, need not give legal notice of the kind required generally to initiate judicial action; nor indeed is it required to give any notice at all with respect to the annexation of territory to a municipality. City of Tucson v. Garrett, 77 Ariz. 73, 267 P.2d 717 (1954); City of Cedar Rapids v. Cox, 250 Iowa 457, 93 N.W.2d 216 (1958); Lenox Land Co. v. City of Oakdale, 137 Ky. 484, 125 S.W. 1089 (1910). Thus, in enacting § 10-2-401, the Legislature was under no constitutional obligation to require that legal notice be given to those in the area to be annexed.5

The Legislature was also clearly within its right to provide a mechanism for annexation which does not require an election by those affected. The Iowa Supreme Court in Wertz v. Ottumwa, 201 Iowa 947, 208 N.W. 511, 513, 514 (1926), stated what we hold to be the applicable law in this case:

We think that a failure to provide for a notice and hearing on the question of annexation does not render the statute unconstitutional. The Legislature had power to provide by law how municipalities shall be incorporated, and also how their boundaries may be extended. The Legislature did not transcend constitutional limitations by the statute in question in failing to provide that the question of annexation of territory to an existing municipality must be submitted to a vote of the people interested therein. In the absence of constitutional limitations to the contrary, the Legislature may, by statute, provide for the extension of the boundaries of a municipality without the assent of the inhabitants of either the municipality or the territory to be annexed. [Citations omitted.]
The statute is not unconstitutional because no notice of the proposed annexation was given to appellants and because the question of annexation was not submitted to a vote of the electors of the annexed territory.

The complex and far-reaching problems that have arisen from the development of sprawling suburban communities may well call for annexation even when a small group of individuals, for reasons completely sufficient to them, oppose what is in the interest of the public at large. The legislation in question, in seeking to promote the [1006]*1006public interest, relies upon an essentially political process. We find no basis in the Constitution for making the general annexation process subject to conditions beyond those stated in the statute.

The plaintiff’s contention that he should at least have sufficient notice to provide time to generate enough sentiment on the part of his neighbors to oppose the annexation has some appeal. He argues that private interests are sometimes advanced to the detriment of the general welfare by speedy action being taken before dissenting property owners have the opportunity to mobilize and, through the democratic process of argument and persuasion, change a sufficient number of minds of those who initially favored annexation.

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Freeman v. Centerville City
600 P.2d 1003 (Utah Supreme Court, 1979)

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Bluebook (online)
600 P.2d 1003, 1979 Utah LEXIS 934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-centerville-city-utah-1979.