Hudson Community Ass'n v. City of Ferguson

456 S.W.2d 581, 1970 Mo. App. LEXIS 603
CourtMissouri Court of Appeals
DecidedMay 26, 1970
DocketNo. 33659
StatusPublished
Cited by3 cases

This text of 456 S.W.2d 581 (Hudson Community Ass'n v. City of Ferguson) 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
Hudson Community Ass'n v. City of Ferguson, 456 S.W.2d 581, 1970 Mo. App. LEXIS 603 (Mo. Ct. App. 1970).

Opinion

. WOLFE, Presiding Justice.

This is an action for a declaratory judgment and injunction in which plaintiffs seek to have declared an annexation by the City of Ferguson unreasonable and to have the annexation set aside.' It was brought by Hudson Community Association, a not-for-profit corporation, organized and operated as an “improvement association” with a membership of land owners within an area annexed by the City of Ferguson. Other plaintiffs were land owners and residents of the area. The City of Fergitson enacted an ordinance amending its charter and annexing the territory here involved. The voters of the City of Ferguson approved the annexation and the City of Ferguson assumed jurisdiction of the annexed area on April 10, 1962, and has since that date exercised jurisdiction over it.

On May 1', 1962, the Hudson Community Association and the other plaintiffs brought this action. The defendant was at no time restrained from continuing its jurisdiction over the annexed territory. The Junior College District of St. Louis, St. Louis County, Missouri, joined as an inter-venor-defendant as did so,me other property owners in the annexed area.

The City of Dellwood, the County of St. Louis, a real estate company, two building companies and the Moline Fire Protection District intervened as parties plaintiff.

Amandus Brackman was appointed Special Commissioner to the Circuit Court to hear the case. Trial before Judge Brack-man started on May 4, 1964, and concluded on May 20, 1964. The Special Commissioner filed his report August 27, 1965, with a finding that the City of Ferguson was entitled to a' judgment in its favor.

Exceptions to the report were filed by the plaintiffs and intervenor-plaintiffs. On May 23, 1968, the trial court overruled the exceptions so filed and affirmed the recommendation of ■ the Special Commissioner. It entered judgment holding the annexation valid and held that it had been since April 10, 1962, when it was first in full force and effect. After motions for a new trial were filed and overruled, an appeal was taken to the Supreme Court, by the plaintiffs Hudson Community Association, David and Catherine Moore, James R. Londoff, and all the plaintiff-intervenors except the County of St. Louis and the City of Dellwood. On September 8, 1969, this cause was transferred by the Supreme Court to this court.

Before stating the facts relating to points raised asserting that the annexation is unreasonable, we will dispose of one point not related to those questions. The appellant contends that the annexation by the City of Fefguson is void because no election was held in the area annexed. We are referred to §§ 71.870 to 71.890, V.A. M.S., enacted in 1963, which require an election in both an annexing city and a separate election in the territory to be annexed. Those sections also set forth the manner in which the . elections shall be held. The City of Ferguson Was and for some time had been a constitutional charter city. At the time of the annexation the City of Ferguson had complied with all the procedures then essential to annexing the area in question. It had, by amendment to [583]*583its charter by ordinance and vote, extended its boundaries to include the area and on April 10, 1962, it had completed all procedures necessary for the annexation and it took over the annexed area. The sections above requiring a vote in an area to be annexed did not become effective until more than a year later.

We are cited to St. Louis County v. City of Florissant, Mo., 406 S.W.2d 281. That case merely held that an attempted annexation by Florissant in November of 1963 which ignored the provision of § 71.870 which became effective October 13, 1963, was void. We have no such situation here for as we have stated, all procedural steps provided by law, at the time of the Ferguson annexation, had been completed.

The fact that a suit was filed in 1962 to hold the ordinance unreasonable did not in any way invalidate the procedure followed by the city because of a later passed law. We so held in Witt v. City of Webster Groves, Mo.App., 398 S.W.2d 16. A discussion of the statutes relating to annexation has been exhaustively set out in County of St. Louis v. City of Florissant, supra; City of Hannibal v. Winchester, Mo., 391 S.W.2d 279; and City of Kirkwood v. Allen, Mo., 399 S.W.2d 30. We have been cited to these cases by the appellant but none of them supports the point raised. We hold the point to be without merit.

The City-of Ferguson is located in the north part of St. Louis County. Before the annexation it had an area of about 2,800 acres and a population of 25,000 people. The area annexed had a .population of about 800 and embraced an area of 1,100 acres.

Ferguson was incorporated as a city before the end of the last century .and in 1954 it became a constitutional charter city. Through all of the years intervening since its incorporation and at the present time it is mainly a residential city. As such it has a business section wherein there is located the usual commercial, professional and other services needed for such a conjmunity. It had a history of being a solid, well-run community. Its charter provided for a seven-member council with one member elected at large to act as mayor of the city. The mayor had no administrative duties. He presided at meetings of the council and was the recognized head of the city for legal and ceremonial purposes. The administrative power was vested in a city manager selected and appointed by the city council. All departments of the city were under his direction except the park department and the library board. The operation of the city was by persons trained and ef-. ficient, and there appears to be no conflict in the testimony on this score.

The park department supervised a total of 103 acres in parks. This acreage is in nine different sites. The parks have many recreational facilities such as. a swimming pool, baseball diamonds, tennis courts and playgrounds. A recent addition to the park system was a purchase of 25 acres in the annexed area. This park adjoins the property of the Junior College District.

The city library has a book collection valued at $150,000. It can obtain books on inter-library loan from the Missouri Library and the St. Louis Public Library. There are 10,699 borrowers from the library and 354 cards have been issued to residents of the annexed area. In addition to books, the library has á film contract with both St: Louis and St. Louis County Libraries. It renders general library service.

The city has a public works department with adequate personnel for street maintenance and snow removal. Building inspections are made within 24 hours after the builder notifies the city that his building is ready for inspection. The city has adopted the Building Officials Conference of America Code which is the same code used by the county.

The sanitation department of the city is not concerned with sewage which is handled by the Metropolitan Sewer District. The city contracts for garbage disposal at [584]*584a charge to users of $5.00 a quarter. Garbage is picked up twice weekly and disposed of at the north county landfill. One week in May and one week in October trash and rubbish is collected and disposed of.

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Bluebook (online)
456 S.W.2d 581, 1970 Mo. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-community-assn-v-city-of-ferguson-moctapp-1970.