Anderson v. Moline Acres, No. 50543
| Court | Missouri Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | 386 S.W.2d 38 |
| Parties | William A. ANDERSON et al., Plaintiffs-Appellants, St. Louis County, Missouri, Intervenor-Plaintiff-Appellant, v. MOLINE ACRES, a Municipal Corporation, Defendant, Respondent |
| Decision Date | 14 December 1964 |
| Docket Number | No. 50543,No. 2 |
Page 38
St. Louis County, Missouri, Intervenor-Plaintiff-Appellant,
v.
MOLINE ACRES, a Municipal Corporation, Defendant, Respondent.
Motion for Rehearing or for Transfer to Court En Banc Denied
Jan. 11, 1965.
Kerth, Thies & Schreiber, By: C. Kenneth Thies, Clayton, for plaintiffs-appellants, Anderson, and another.
Norman C. Parker, St. Louis County Counselor, Lawrence J. Bannes, Associate County Counselor, Clayton, for intervenor-plaintiff-appellant, St. Louis County.
Roy W. Bergmann, Clayton, and Val Terschluse, St. Louis, for defendant-respondent, Moline Acres.
STOCKARD, Commissioner.
This is an appeal by numerous individual plaintiffs and by plaintiff-intervenor St. Louis County from an adverse judgment in their suit against the City of Moline Acres for a declaratory judgment and an injunction. St. Louis County is an appealing party, and for that reason this court has jurisdiction.
Prior to January 3, 1961, what is now the fourth class city of Moline Acres was a village. On July 5, 1955, it enacted an ordinance authorizing proceedings to annex approximately 242 acres of land. On the erroneous theory that Section 71.015 (all statutory references are to RSMo 1959, V.A.M.S.), known as the Sawyers Act, applied to it (see Emerson Electric Manufacturing Company v. City of Ferguson, Mo.App., 376 S.W.2d 643), the Village of Moline Acres filed its petition in the Circuit Court of St. Louis County for the declaratory judgment which is made a condition precedent by the Sawyers Act to the exercise by a city of its authority to annex additional territory. On January 21, 1957, the circuit court entered the requested declaratory judgment. On October 27, 1955, the Village of Moline Acres filed a petition, pursuant to Section 80.030, with the County Council of St. Louis County requesting that the tract of land in question be annexed to the corporate limits of said village. The hearing on this petition was not held until June 12, 1957, after the entry of the declaratory judgment by the circuit court. The petition was taken under advisement
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but was never acted upon, favorably or unfavorably, by the County Council and the area in question was never annexed by the Village of Moline Acres. On January 3, 1961, the Village of Moline Acres changed its status, after a favorable vote of the inhabitants, from a village...To continue reading
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City of Kirkwood v. Allen, No. 49920
...City of Kansas City, Mo.Sup., 282 S.W.2d 518; City of St Joseph v. Hankinson, Mo.Sup., 312 S.W.2d 4; Anderson v. Moline Acres, Mo.Sup., 386 S.W.2d 38. The procedure required to be followed, briefly stated, was as follows: (1) The governing body of the city was authorized to adopt a resoluti......
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Young v. Mayor, Council and Citizens of City of Liberty, No. 59110
...(Mo.1965). No valid annexation may be accomplished by a city such as Liberty without compliance with the Act. Anderson v. Moline Acres, 386 S.W.2d 38 The issue here is what is the effect of the Sawyers Act when a city obtains judicial authorization for the annexation of certain territory an......
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City of Kirkwood v. Allen, No. 49920
...City of Kansas City, Mo.Sup., 282 S.W.2d 518; City of St Joseph v. Hankinson, Mo.Sup., 312 S.W.2d 4; Anderson v. Moline Acres, Mo.Sup., 386 S.W.2d 38. The procedure required to be followed, briefly stated, was as follows: (1) The governing body of the city was authorized to adopt a resoluti......
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Young v. Mayor, Council and Citizens of City of Liberty, No. 59110
...(Mo.1965). No valid annexation may be accomplished by a city such as Liberty without compliance with the Act. Anderson v. Moline Acres, 386 S.W.2d 38 The issue here is what is the effect of the Sawyers Act when a city obtains judicial authorization for the annexation of certain territory an......