Hollingsworth v. City of Minden

793 So. 2d 1265, 2001 La. App. LEXIS 1881, 2001 WL 947182
CourtLouisiana Court of Appeal
DecidedAugust 22, 2001
DocketNo. 34,943-CA
StatusPublished
Cited by3 cases

This text of 793 So. 2d 1265 (Hollingsworth v. City of Minden) 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
Hollingsworth v. City of Minden, 793 So. 2d 1265, 2001 La. App. LEXIS 1881, 2001 WL 947182 (La. Ct. App. 2001).

Opinion

JJ3REW, J.

In this suit to declare an annexation ordinance invalid as unreasonable, the Hollingsworths appeal a judgment dismissing their action upon the granting of the City of Minden’s motion for summary judgment.

[1266]*1266Concluding that genuine issues of material fact remain, we reverse the judgment and remand.

FACTS

On March 10, 1999, an article appeared in the Minden Press-Herald in which Mayor Bill Robertson announced that the city wished to annex area along its eastern border. Accompanying the article was a map prepared by the Minden Public Works Department of the area Robertson sought to annex. Later, a group of Webster Parish residents who were spread among some 1300 acres that were within the area covered by this map presented a petition requesting that their property be annexed by Minden.

On June 15, 1999, after receiving the necessary certificates from the Webster Parish Assessor’s Office and the Webster Parish Registrar of Voters, Minden annexed the area by adopting Ordinance No. 851. Plaintiffs are residents of the annexed area, which while sharing a border with Minden in some areas, also created an island within the corporate limits of Min-den. This island, which extends over several hundred acres, is along the western edge of the Hollingsworths’ property. A portion of this island was later annexed by the adoption of Ordinance No. 852, which is not at issue in this case.

On July 13, 1999, the Hollingsworths filed suit to invalidate Ordinance 851 on the ground that it was unreasonable [La. R.S. 33:174(B)(1) ] in that it: (i) arbitrarily, unfairly and deliberately included | ^certain properties and excluded similar properties in the same vicinity, which created erratic, non-compact, irregular and noncontiguous municipal boundary lines; the annexed properties do not require utilities or other services provided by Minden; and the annexation is not reasonably necessary for Minden’s growth.

Minden filed a motion for summary judgment in which it argued that the annexation was reasonable because municipal services would be extended to a substantial number of residents and an urban and industrial area would be added to the city. Attached to the motion were the petition requesting annexation, copies of Ordinances 851 and 852, maps of the annexed areas and affidavits from Minden Mayor Bill Robertson and T.C. Bloxom, Minden’s Police and Fire Chief. Robertson stated in his affidavit that Minden was prepared to extend garbage disposal, street maintenance, sewerage disposal, zoning laws, street lights and utility services to the annexed area. Bloxom testified that Min-den was prepared to extend fire and police protection to the annexed area.

Submitted in opposition to summary judgment were depositions, with attached exhibits, of Robertson and the members of Minden’s City Council, who voted without dissent in favor of Ordinance 851. The trial court granted the motion for summary judgment, finding that the annexation appeared to be reasonable. A motion for new trial was denied.

DISCUSSION

We conduct a de novo review of the documents supporting and opposing a motion for summary judgment under the same criteria which govern a trial court’s determination of whether summary judgment is ^appropriate. Dumas v. Angus Chemical Co., 31,400 (La.App.2d Cir.1/11/99), 728 So.2d 441, writ denied, 99-0751 (La.4/30/99), 741 So.2d 19.

Summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that the mover is entitled to judgment as a matter of law. La. C.C.P. [1267]*1267art. 966(B). A fact is material if its existence or nonexistence may be essential to the plaintiffs cause of action under the applicable theory of recovery. Curtis v. Curtis, 28,698 (La.App.2d Cir.9/25/96), 680 So.2d 1327.

If the movant will.not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant is not required to negate all essential elements of the adverse party’s claim, action, or defense. Instead, the movant need only point out to the court that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action, or defense. If the adverse party then fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. Art. 966(C)(2).

In a suit to contest a proposed extension of corporate limits, the sole questions to be presented to the court are whether the proposed extension is reasonable and whether state and municipal requirements for annexation were met. La. R.S. 33:174(B). The Hollingsworths contend only that the annexation was unreasonable. Opponents of an annexation ordinance have |4the burden of proving the unreasonableness of the ordinance by abundant evidence. Nix v. Village of Castor, 116 So.2d 99 (La.App. 2 Cir.1959).

The reasonableness of enlargement of municipal boundaries is determined by considering factors such as a substantial increase in population; the need for additional area for construction of homes, mercantile, manufacturing or industrial establishments; a need for additional land area to accommodate the present or reasonably anticipated future growth of the municipality; and the extension of police, fire, sanitary protection or other municipal services to substantial numbers of residents of adjacent areas. Kansas City Southern Ry. Co. v. City of Shreveport, 354 So.2d 1362 (La.1978), cert. denied, 439 U.S. 829, 99 S.Ct. 103, 58 L.Ed.2d 122 (1978); Nix v. Village of Castor, supra. The court considers generally the benefits and detriments to both the municipality and the area to be annexed. Kansas City Southern Ry. Co. v. City of Shreveport, supra.

The depositions of Mayor Robertson and the city council members were submitted in opposition to summary judgment. Robertson testified that he encouraged this annexation after learning that some residents in the annexed area desired city services. Minden would provide water, sewer lines, city street lights, maintenance of roads and drainage, fire and police protection and garbage disposal, and the new parts of the city would also benefit from Minden’s zoning laws. Some residents in the annexed area already had water service, but some depended on wells. They also already had electrical service. Robertson asserted that the annexation would cost the average new resident little in additional property taxes, while it would | ^reduce their fire insurance costs and they would no longer pay a fire district tax.

Robertson, apparently the one person deposed who was the most knowledgeable about this annexation, did not know how many people live in the island that was not annexed by Ordinances 851 and 852, and he did not know how much it would cost Minden to extend the sewer system into the area annexed by Ordinance 851. While Robertson did not know exactly how much money the entire Ordinance 851 annexation would cost Minden, he felt the city had enough funds in its reserves to cover the cost, although he did not know how long it would take to actually recover the cost. At the time Ordinance 851 was considered, he had no knowledge of Min-den’s population density or the number of [1268]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Little Capitol of Louisiana, Inc. v. Town of Henderson
128 So. 3d 1019 (Louisiana Court of Appeal, 2013)
Opinion Number
Louisiana Attorney General Reports, 2005
Hollingsworth v. City of Minden
828 So. 2d 514 (Supreme Court of Louisiana, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
793 So. 2d 1265, 2001 La. App. LEXIS 1881, 2001 WL 947182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-city-of-minden-lactapp-2001.