Hider v. Town of Lake Providence

91 So. 2d 387, 1956 La. App. LEXIS 953
CourtLouisiana Court of Appeal
DecidedNovember 29, 1956
Docket8555
StatusPublished
Cited by13 cases

This text of 91 So. 2d 387 (Hider v. Town of Lake Providence) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hider v. Town of Lake Providence, 91 So. 2d 387, 1956 La. App. LEXIS 953 (La. Ct. App. 1956).

Opinion

91 So.2d 387 (1956)

George T. HIDER, Plaintiff-Appellant,
v.
TOWN OF LAKE PROVIDENCE, Defendant-Appellee.

No. 8555.

Court of Appeal of Louisiana, Second Circuit.

November 29, 1956.
Rehearing Denied January 11, 1957.
Writ of Certiorari Denied February 27, 1957.

*388 McIntosh, Hester & Gilfoil, Lake Providence, for appellant.

Voelker & Ragland, Lake Providence, for appellee.

GLADNEY, Judge.

This action was instituted by George T. Hider, a resident tax payer of the Town of Lake Providence, Louisiana, attacking the legality of Ordinance No. 1072 of the Town, purporting to annex and bring within the corporate limits certain areas adjacent thereto. Following a trial on the merits there was judgment rejecting the demands of plaintiff who has perfected a devolutive and suspensive appeal to this court.

The ordinance in question entitled "An Ordinance Enlarging The Limits Of The Town of Lake Providence in Accordance With The Provisions of LSA-R.S. 33:171 et seq." was adopted on May 2, 1955, and seeks to annex an area to the north and northeast of the present city limits. Pertinent provisions of the statute are:

Section 172.

"No ordinance enlarging the boundaries of a municipality shall be valid unless prior to the adoption thereof a petition has been presented to the governing body of the municipality containing the written assent of twenty-five per cent in number of the resident property owners as well as twenty-five per cent in value of the property within the area proposed to be included in the corporate limits according to the certificate of the parish assessor. The valuation shall be certified to by the assessor according to the assessment of each of the owners signing the petition. * * *
"Notice by publication shall be given once of the filing of the petition in some newspaper published or having general circulation in the municipality. No ordinance enlarging the boundaries of the municipality shall be adopted until ten days after the publication of the notice. Anyone desiring to be heard with reference to the proposed ordinance shall notify the clerk or secretary of the municipality in writing and the governing authorities before adopting any ordinance, shall grant such hearing."

Section 173.

"The ordinance enlarging the boundaries of the municipality shall not become operative until thirty days after it has been published once in a newspaper having general circulation therein. * * *"

Section 174.

"Any interested citizen of the municipality or of the territory proposed to be annexed thereto may, within the *389 thirty day period before the ordinance becomes effective, file suit in the district court having jurisdiction over the municipality, to contest the proposed extension of the corporate limits and the question shall be whether the proposed extension is reasonable. If the extension of boundaries is adjudged reasonable the ordinance shall go into effect ten days after the judgment is rendered and signed unless a suspensive appeal therefrom has been taken within the time and manner provided by law. * * *"

Appellant has presented the following questions for decision:

"Where two petitions for annexation into a municipality are initiated, circulated, and presented to the municipality entirely separate from one another, and without reference to one another, the one signed entirely by residents of the one area and the other signed entirely by residents of the other area, can both areas be annexed into the municipality by a single ordinance?
"2. Where a `petition' for annexation to a municipality refers to an attached map and/or plat and/or survey to describe the area sought to be annexed, and there was in fact no map, plat or survey, nor was there any other description of any type, attached to the petition either when it was circulated and signed or when it was presented to the municipality, was such a document a petition as contemplated by LSA-R.S. 33:171 et seq.?
"3. Where an annexation ordinance excludes from the area sought to be annexed a tract of land surrounded on three (3) sides by the area sought to be annexed for no reason other than to favor the owner of said excluded tract of land, is said ordinance reasonable within the meaning of that term as used in LSA-R.S. 33:174?
"4. Where an annexation ordinance excludes from the area sought to be annexed two dwellings, surrounded on three sides by the area sought to be annexed and receiving the same benefits from the municipality (water and electricity) as were received by dwellings in the area sought to be annexed, solely to favor the owner of said dwellings, is said ordinance reasonable within the meaning of that term as used in LSA-R.S. 174?"

The first two objections question the legal efficacy of the petition for annexation and the latter two attack the reasonableness of the ordinance.

The area proposed for annexation borders on the waters of Lake Providence, the eastern end of which creates a neck of land between it and the Mississippi River. Although largely because of detailed description required in following the contour of the lake, the boundary line of the area delineated in the ordinance consists of more than four legal size sheets, a general description thereof being as follows:

It starts at the southeast corner of the airport and the waters' edge of Lake Providence and goes north along the airport boundary; it then goes east along the north line of Schneider Subdivision "C"; it then goes north along a dredge ditch; from this point it again goes east along the north line of Schneider Subdivision "D" to the "Sitton" property, now owned by Mrs. John O. Nelson (Elsie Sitton Nelson); it then goes southwardly along the Schneider-Sitton boundary to a point approximately 250 feet north of Schneider Lane; from this point the line cuts through the "Sitton" farm and moves eastwardly to Louisiana State Highway No. 596; the line then crosses the highway and follows same southwardly to a point south of the main dwelling on the Sitton farm and a tenant house; it then cuts through the "Sitton" farm once *390 more, moving east to the corner of a cemetery; thereafter the line follows natural boundaries to its point of beginning.

Counsel for appellee correctly points out:

"The only two points where present boundaries or natural lines are not followed are the two east-west lines which cut through the Sitton property. The line north of Schneider Lane cuts through a cotton field and puts into the town some of the most desirable building lots within miles of the present Town. The line south of the main farm dwelling puts into the town an area east of the new parish hospital, the presence of which makes the area ideal for any type of development, residential, commercial or industrial."

The movement for annexation was initiated due to the need of two residential areas, adjacent to and north of the town, for municipal services, particularly water and fire protection. One of the residential areas was situated east of State Highway No. 596 and is adjacent to the Mississippi River. The other area is west of said highway and is hereinafter referred to as the "Schneider Subdivision" or "Schneider Area."

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Bluebook (online)
91 So. 2d 387, 1956 La. App. LEXIS 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hider-v-town-of-lake-providence-lactapp-1956.