Dodson v. City of Wentzville

• Decision Date: 27 April 2004
• Docket Number: No. ED 83464.,ED 83464.
• Citation: 133 S.W.3d 528
• Parties: Shirley May DODSON, Appellant, v. CITY OF WENTZVILLE, Respondent.
• Court: Missouri Court of Appeals

133 S.W.3d 528

Shirley May DODSON, Appellant, v. CITY OF WENTZVILLE, Respondent.

No. ED 83464.

Missouri Court of Appeals, Eastern District, Division One.

April 27, 2004.

Steve Koslovsky, St. Louis, MO, for appellant.

Robert M. Wohler, O'Fallon, MO, for respondents.

MARY R. RUSSELL, Judge.

Shirley May Dodson ("Landowner") appeals from the order dismissing her petition for declaratory and injunctive relief against the City of Wentzville ("City"), which asserted that City's annexation of a tract of land adjacent to her property was invalid. She contends that the trial court erred in dismissing her petition because she stated a valid claim for a declaratory judgment and injunctive relief. She specifically alleges that her petition properly sought a determination of the validity of City's annexation on the grounds that it did not comply with the statutory requirement that the annexed area be contiguous and compact to City. We reverse and remand in that we find Landowner had standing to challenge City's annexation and properly stated a claim for declaratory and injunctive relief.

Landowner owns a tract of unincorporated and undeveloped land in St. Charles County that abuts the boundaries of City. Her property lies between City's boundaries and property owned by Harold Burkemper. Burkemper petitioned City to voluntarily annex his property pursuant to section 71.014 RSMo.2000,¹ and to thereafter rezone it for single-family residential development.

City obtained a court order in January 2003 that authorized the condemnation of a 40 feet wide by 2038 feet long portion of Landowner's property. City's brief states that this condemnation was sought "to connect the Burkemper property with the City limits and allow for the extension of a sanitary sewer line to serve that property as well as [her] property with sewers." Landowner has directly appealed the order of condemnation in a separate appeal to our court.²

Following the court's order of condemnation, a panel of commissioners assessed Landowner's damages from the condemnation to be $50,000. City deposited $50,000 into the court's registry to satisfy the condemnation award. After City paid the commissioners' award into the court's registry, it obtained title to the condemned portion of Landowner's property. See Seliga Shoe Stores, Inc. v. City of Maplewood, 558 S.W.2d 328, 332 (Mo.App.1977).

City thereafter annexed the condemned parcel and commenced voluntary annexation proceedings for the Burkemper property. Landowner filed a petition seeking a declaratory judgment and injunctive relief, challenging the validity of City's annexation of the Burkemper property. Her petition alleged that City's annexation ordinance should be declared void because the Burkemper property was not contiguous and compact with City's boundaries. She asked the court to set aside both the condemnation of her property and the annexation of the Burkemper property. She requested that the court enjoin City from proceeding with the annexation of the Burkemper property, arguing that the condemnation that City effectuated in order to establish contiguity was invalid because it was for the improper purpose of benefiting the Burkemper property, rather than the public good. She also requested that City be enjoined from taking actions in furtherance of the annexation, including exercising control over the condemned portion of her property.

City filed a motion to dismiss Landowner's petition, contending that she failed to state a cause of action for declaratory or injunctive relief or that her action was barred because she had already challenged the validity of the condemnation in a separate action. City filed a memorandum in support of its motion to dismiss that further asserted that her action should be dismissed because she did not have standing to challenge the annexation of the Burkemper property. City alleged that after it had paid the commissioners' award, Landowner lost ownership of the portion of her property that City condemned and annexed, and, therefore, could not allege that she was adversely affected by the annexation.

Landowner filed a memorandum in opposition to City's motion to dismiss that asserted that she had standing because she was an adjoining landowner to the proposed annexation. See Reed v. City of Union, 913 S.W.2d 62 (Mo.App.1995); Martee v. City of Kennett, 784 S.W.2d 621 (Mo.App.1990).

The circuit court granted City's motion to dismiss. The court's order did not elaborate its reasons for dismissing Landowner's action, but it did state that the court found the cases Landowner cited regarding standing for adjoining landowners were distinguishable.

Landowner appeals the dismissal. She asserts in her point on appeal that the motion court erred in dismissing her action because she had standing and stated a valid claim for declaratory and injunctive relief.

Our review of a trial court's judgment of dismissal is de novo, and is based upon the record the parties have submitted to us. Cmty. Care Ctr. of Lemay v. Mo. Health Facilities Review Comm., 92 S.W.3d 232, 234 (Mo.App.2002). In reviewing a court's dismissal of a declaratory judgment action, "we deem all facts pleaded to be true, liberally construe the petition's averments, and draw all reasonable and fair inferences therefrom." Sandy v. Schriro, 39 S.W.3d 853, 855 (Mo.App.2001). Landowner is entitled to the benefit of every favorable inference that can be reasonably derived from the facts she pleaded, and we must determine whether she has invoked any substantive principle of law that entitles her to relief. Bear Foot, Inc. v. Chandler, 965 S.W.2d 386, 387 (Mo.App.1998).

If the trial court does not specify its reason for dismissing a petition, we presume that it acted for one of the reasons stated in the defendant's motion to dismiss. Manzer v. Sanchez, 29 S.W.3d 380, 383 (Mo.App.2000). We will affirm the trial court's dismissal of a petition if it can be sustained on any ground supported by the motion, regardless of whether the trial court relied on that ground. Id. City's motion to dismiss and its memorandum in support of dismissal reveal the grounds the court might have considered in dismissing Landowner's petition: (1) she lacked standing to challenge City's annexation of the Burkemper property; (2) her petition failed to state a claim; (3) her action was barred by res judicata or collateral estoppel; and (4) her pleadings did not include a copy of the ordinances she was pleading as required by Rule 55.22.

We first consider whether Landowner had standing to bring her action for declaratory and injunctive relief.

Standing relates to the jurisdiction of the court, and to have standing a plaintiff must show she has "some actual and justiciable interest susceptible of protection" by her suit. Schlarman v. City of St. Charles, 623 S.W.2d 57, 59 (Mo.App. 1981). In determining if Landowner has standing to challenge the annexation of the Burkemper property, we must treat her properly pleaded facts as true, give her allegations a liberal construction, and make reasonable inferences fairly deductible from the facts stated. Schweig v. City of St. Louis, 569 S.W.2d 215, 223 (Mo.App.1978).

Generally, inhabitants of areas proposed for annexation can bring an action to enjoin the attempted annexation where they contend the annexation is unreasonable or illegal. Schlarman, 623 S.W.2d at 59. Landowner, however, correctly asserts that persons owning property that abuts areas of proposed annexation have been found to have standing to challenge the annexations. Reed, 913 S.W.2d 62; Martee, 784 S.W.2d 621.

In Martee, the plaintiff argued that a city's annexation proposal purposely excluded his property from the annexed area so that he would lack standing to challenge the annexation. 784 S.W.2d at 625. The Southern District noted that "[t]he fact the plaintiff does not own property in or reside in the [annexation area] does not establish the plaintiff has no standing to complain of the failure of the [c]ity to follow the requirements of [the annexation statute]." Id. at 625-26. The court further stated the general rule of standing—that "`[t]he party seeking relief must demonstrate that he has a specific and legally cognizable interest in the subject matter of the [action] and that he has been directly and substantially affected thereby.'" Id. at 626 (quoting Metro Auto Auction v. Dir. of Revenue, 707 S.W.2d 397, 400 (Mo. banc 1986)). The plaintiff in Martee, while not within the annexed area, was found to have standing to challenge the annexation as not being contiguous and compact. Id. The court stated the annexation would alter the status of his property with respect to future annexation by the city and, therefore, it found that he had an interest in the annexation sufficient to give him standing. Id.

In Reed, our court found that a property owner whose land was adjacent to an area a city sought to annex had standing to contest a voluntary annexation on the grounds that it did not comply with the compact and contiguous requirement of section 71.012.³ 913 S.W.2d at 64. We held that the plaintiff adjoining landowner in Reed was impacted by the proposed annexation because: (1) the annexation altered the status of her property with respect to future annexations; and (2) the annexation subjected her property to future use by the city in order to provide services for the annexed area. Id. at 64. We also noted that the annexation would result in the plaintiff's property being surrounded by the city on three sides, creating the type of peninsula that the Southern District in Martee had found to be unreasonable. Id. at 65.

City asserts that this case is distinguishable on its facts from Martee and Reed, and alleges that, unlike the plaintiffs in those cases, Landowner has previously sought annexation by City, but City did not accept her conditions. City further argues that, unlike the plaintiff in Reed, Landowner cannot argue that ...