City of Picayune v. Quick & Grice, Inc., 41318
| Decision Date | 08 February 1960 |
| Docket Number | No. 41318,41318 |
| Citation | 238 Miss. 429,117 So.2d 718 |
| Parties | CITY OF PICAYUNE v. QUICK & GRICE, INC., et al. |
| Court | Mississippi Supreme Court |
Tate Thigpen, Picayune, for appellant.
Ray M. Stewart, Picayune, Edward J. Currie, Sr. & Jr., Hattiesburg, for appellees.
In the matter of the enlargement of the boundaries of the City of Picayune, Pearl River County, Mississippi, the mayor and councilmen adopted City Ordinance No. 262 on September 2, 1958 to enlarge the corporate limits of the City of Picayune by adding thereto on the south and immediately adjacent to the existing corporate limits an area of land consisting of 240 acres, and on which there was located thirty places of business such as bulk gasoline sales stations, filling stations, cafes, a manufacturing plant and an empty building suitable for a manufacturing plant, etc. The owners of the improvements in the territory to be annexed based their objections to the annexation upon the fact that they had already provided at their own expense most of the facilities and benefits offered to them in general terms as set forth in the city ordinance and that they were not presently in need of any additional facilities and benefits offered by the city in its said ordinance. No resident of the area proposed to be annexed appeared at the hearing to testify either for or against the proposed annexation. The thirty places of business located in the territory proposed to be annexed were located in close proximity to the southern boundary line of the existing corporate limits, and these places of business therefore occupied a very small portion of the 240 acres sought to be annexed.
The proposed annexation included one area to the west of the New Orleans and Northeastern Railroad and another area to the east of the said line of railroad. There was no access from one of these areas to the other. The testimony was in conflict as to the area of undeveloped land already within the corporate limits of the city. There was testimony that some of the undeveloped areas within the corporate limits had remained undeveloped because of the fact that the owners of the undeveloped parcels of land were unwilling to sell the same. There was other testimony to the effect that although the population of the city in 1930 was 4,698, in 1940, 5,129 and in 1950, 6,717 and that the population had increased at about the same or at a greater rate during the past decade, that there were still between 225 and 325 acres of undeveloped land within the existing corporate limits, and that the territory already in the corporate limits would be sufficient to take care of a population of at least 12,000 people. Thus it will be seen that the chancellor in disapproving the ordinance for the annexation as not being reasonable was influenced by the conflicting testimony as to whether or not the area proposed to be added would be furnished the facilities and services proposed by the ordinance within the reasonably foreseeable future, and as to whether the need for street lighting, garbage service, police and fire protection, fogging machines and other city services was either in use or presently urgent.
All of the thirteen witnesses who testified in behalf of the proposed expansion resided outside of the area proposed to be annexed, and as heretofore stated, no resident of the said area testified one way or the other.
Moreover the proof disclosed that there was a developed area near the eastern portion of the present corporate limits of the city and that...
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