City of Ballwin v. Hardcastle, No. 54598

• Court: Missouri Court of Appeals
• Writing for the Court: GARY M. GAERTNER; GRIMM, P.J., and KAROHL
• Citation: 765 S.W.2d 324
• Parties: CITY OF BALLWIN, Plaintiff-Respondent, v. Richard HARDCASTLE, et al., Defendants-Respondents, and St. Louis County, Missouri, Intervenor-Defendant-Appellant.
• Decision Date: 10 January 1989
• Docket Number: No. 54598

Page 324

765 S.W.2d 324 CITY OF BALLWIN, Plaintiff-Respondent,
v.
Richard HARDCASTLE, et al., Defendants-Respondents,
and
St. Louis County, Missouri, Intervenor-Defendant-Appellant. No. 54598. Missouri Court of Appeals,
Eastern District,
Division Two. Jan. 10, 1989.
Motion for Rehearing and/or
Transfer to Supreme Court Denied
Feb. 8, 1989.
Application to Transfer Denied March 14, 1989.

Page 325

Thomas W. Wehrle, Lisa Randie Rattner, Clayton, Carl C. Polster, St. Louis, for intervenor-defendant-appellant.

Bert Melvin Eide, Clayton, for plaintiff-respondent.

GARY M. GAERTNER, Judge.

This is an annexation case in which St. Louis County appeals from a declaratory judgment by the Circuit Court of St. Louis County granting the City of Ballwin authorization to proceed with annexation of some land situated in unincorporated St. Louis County. We affirm.

Ballwin is a fourth class city located wholly within the boundaries of St. Louis County. On July 16, 1987, Ballwin filed petitions for declaratory judgment authorizing annexation of four separate unincorporated territories under RSMo § 71.015 (1986). Each of the petitions named three different individuals who resided in the areas to be annexed as defendants representing the class. The cases were consolidated and on September 11, 1987, St. Louis County filed a Motion to Intervene. On November 3, 1987, an election was held in complaince with RSMo § 71.870 (1986). Two of the four parcels did not obtain a majority vote in favor of annexation, and the actions for declaratory judgment regarding those

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two parcels were voluntarily dismissed without prejudice. The parcel in cause No. 563969 (the "Northeast area") and the parcel in cause No. 653970 (the "South area") both received a majority vote favoring annexation both in Ballwin and in the parcels proposed for annexation.

The Northeast area is a generally rectangular parcel with a contiguous common boundary length of approximately 6000 feet with the City of Ballwin. This parcel contains approximately 400 acres, is fully developed with residential property and has a population of approximately 2400. The South area has a total perimeter of approximately 28,000 feet and a contiguous common boundary length of approximately 10,400 feet with the City. This parcel contains approximately 800 acres, of which 174 acres are vacant. The population of the South area is 5412. The length of the contiguous boundary in each proposed annexation common to the existing city limit and the proposed area to be annexed is at least fifteen percent of the length of the perimeter of the area proposed for annexation.

On January 13, 1988, the two consolidated causes were heard in the Circuit Court of St. Louis County. The City of Ballwin, the individually named defendants, and St. Louis County, each appeared by attorney. Except for the named defendants, no residents of the areas to be annexed appeared personally or by attorney. All residents of the areas were served by publication. The court appointed the attorney for the named defendants as attorney to represent the interest of the defaulting members of the class. The trial court issued its declaratory judgment on February 17, 1988, granting Ballwin authorization to proceed with the annexation. Further facts will be adduced as they become warranted by our discussion of the issues.

At the outset, we note the applicable standard of appellate review. The Missouri Supreme Court in Binger v. City of Independence states, "the test is whether the evidence shows that the question of reasonableness and necessity of the annexation was fairly debatable." Binger, 588 S.W.2d 481, 485 (Mo.1979). If this court concludes that there is substantial evidence that the annexation is reasonable and necessary, then the issue is at least debatable and the annexation decision must be allowed to stand. City of Olivette v. Graeler, 369 S.W.2d 85, 96 (Mo.1963).

St. Louis County argues in its first of two points on appeal that the trial court erred in rendering a declaratory judgment for the City of Ballwin as Ballwin failed to meet the burden of going forward with competent or substantial evidence on which the trial court could base a determination that the annexations were reasonable and necessary as required by RSMo § 71.015 (1986). This first point is based on two separate, but related arguments: (1) Ballwin's City Administrator, Michael G. Herring, is incapable of serving as a witness to testify on the reasonableness and necessity of the proposed annexations; and (2) Ballwin failed to put forth substantial evidence of the reasonableness and necessity of the proposed annexations. We initially address the first argument.

In order for an expert witness to be qualified it must appear that by reason of education or specialized experience he possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or of drawing correct conclusions. Shelby County R-IV School District v. Herman, 392 S.W.2d 609, 616 (Mo.1965). Michael G. Herring, Ballwin's City Administrator, holds a Master's Degree in Public Administration and has over ten years of experience as a City Administrator. Mr. Herring has worked as the City Administrator for Ballwin for approximately six years. The decision to admit or exclude expert testimony is one left to the discretion of the trial court. Dunkin v. Reagon, 710 S.W.2d 498, 500 (Mo.App., W.D.1986). We do not find that the trial court abused its discretion in finding that Michael Herring's education and experience qualified him to testify as an expert witness.

St. Louis County also challenges the credibility of Michael Herring on the

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ground that he has a...