Emerson Elec. Mfg. Co. v. City of Ferguson

• Decision Date: 17 March 1964
• Docket Number: No. 31374,31374
• Citation: 376 S.W.2d 643
• Parties: The EMERSON ELECTRIC MANUFACTURING COMPANY, a Corporation, Plaintiff-Respondent, North Hills Homesites et al., Plaintiffs-Appellants, v. CITY OF FERGUSON, a Municipal Corporation, Defendant-Appellant, and The Town of Normandy, a Municipal Corporation, Intervenor-Appellant.
• Court: Missouri Court of Appeals

Page 643

376 S.W.2d 643

The EMERSON ELECTRIC MANUFACTURING COMPANY, a Corporation,

Plaintiff-Respondent, North Hills Homesites et

al., Plaintiffs-Appellants, v. CITY OF FERGUSON, a Municipal Corporation,

Defendant-Appellant, and The Town of Normandy, a

Municipal Corporation, Intervenor-Appellant.

No. 31374.

St. Louis Court of Appeals, Missouri.

March 17, 1964.

Motion for Rehearing or to Transfer to Supreme Court Denied

April 13, 1964.

Bryan, Cave, McPheeters & McRoberts, Robert H. McRoberts, Thomas V. Connelly, St. Louis, for plaintiff-respondent.

Kerth, Thies & Schreiber, Alfred H. Kerth, Clayton, William J. Costello, John C. Hannegan, St. Louis, for plaintiffs-appellants.

Carleno & Nick, Al Nick, Ferguson, Wehrle & Wehrle, Walter W. Wehrle and Thomas W. Wehrle, Clayton, for defendant-appellant.

Bardgett, Gallagher & Hackmeyer, John E. Bardgett, Clayton, for intervenor appellant.

BRADY, Commissioner.

These two actions have their basis in attempts by the City of Ferguson, hereinafter called Ferguson, and the Town of Normandy, hereinafter referred to as Normandy, to annex certain land in St. Louis County. Annexation was opposed by the Emerson Electric Manufacturing Company, hereinafter called Emerson, and by North Hills Homesites, hereinafter called North Hills. Normandy, Ferguson and North Hills have appealed from the decisions of the trial court. We have determined that these appeals must be ruled by the merits of Normandy's claim to priority and will therefore limit our factual resume of over 200 exhibits and a transcript exceeding 1,500 pages to that issue.

On December 20, 1955 the City Plan Commission of Ferguson adopted a resolution recommending to the city council the annexation of the area encompassed by the Emerson and North Hills properties. The commission suggested to the council that it consider these two areas separately and recommended that the area including Emerson's property be given preference to facilitate industrial development of other properties which the commission intended to zone for industrial purposes. One December 27, 1955 the City Council of Ferguson adopted two separate resolutions which were identical except as to the description of the land involved. These resolutions provided 'THAT the Director of Law of the City of Ferguson, Missouri be and is hereby authorized and directed to take such steps as may be necessary under and by virtue of the provisions of Section 71.015, Revised Statutes of Missouri, 1949, (as amended) to institute and file an action in the Circuit Court of St. Louis County, Missouri, in which such unincorporated area is situated, under the provisions of Chapter 527, Revised Statutes of Missouri, 1949, praying for a declaratory judgment to allow the City of Ferguson to annex the property described as follows, to-wit: * * *.' On February 3, 1956 Ferguson filed a Sawyer Act proceeding in the Circuit Court of St. Louis County seeking a declaration of its authority to proceed with its proposed annexation of the Emerson property.

On April 12, 1956 Normandy filed its petition for annexation of the Emerson property with the St. Louis County Council. Normandy's exhibits show that various departments of the county government filed their reports with the council as they were required to do.

On May 2, 1956 Ferguson sent a letter to the St. Louis County Council informing them of the pendency of their Sawyer Act case seeking annexation of the Emerson property and pointing out this property was also included in Normandy's action. That letter requested the council to refrain from taking any action toward the approval of Normandy's petition until the merits of Ferguson's Sawyer Act case were finally determined. The records of the council show that it discussed this request and postponed action on Normandy's petition.

On January 29, 1957 a bill which later became Ordinance No. 116 was introduced in the City Council of Ferguson whereby that city's charter was amended so as to include the Emerson property within its boundaries. This amendment was submitted to the voters of Ferguson and approved on April 2, 1957. On August 21, 1957 Emerson filed suit in the Circuit Court of St. Louis County, being Cause No. 219662, attacking the validity of that ordinance for the principal reasons that it was (1) unreasonable, and (2) because the efforts of Ferguson to annex were barred by a prior pending annexation petition filed by Normandy.

On October 16, 1957 Ferguson again wrote to the county council stating: 'The Ferguson City Council respectfully requests that the County Council refrain from taking any action on the petition of the Town of Normandy to annex the tract described in their petition and that this letter be made a part of that file.'

On January 14, 1958 the City Council of Ferguson adopted Ordinance No. 214 which amended the city's charter so as to include land lying adjacent to Emerson known as North Hills. This was approved by the voters on April 1, 1958. On May 1, 1958 certain residents of North Hills filed an action in the Circuit Court of St. Louis County attacking the validity of that ordinance. The file number of this action is No. 223197. The basic attacks were that the attempted annexation by Ferguson was (1) unreasonable, and (2) barred by the pending annexation proceedings of Normandy.

Normandy was granted leave to intervene both in North Hills' and in Emerson's attack upon Ferguson's Ordinances No. 116 and No. 214. Normandy's petition is the same as that found in the petitions filed by Emerson and North Hills. In both petitions the court was requested to declare Ferguson's ordinances '* * * illegal and void * * *,' to enjoin Ferguson from exercising any municipal authority over the area to be annexed and for other relief as may be proper. There being common questions of law and fact, the parties agreed the cases should be consolidated for trial.

The trial court made a separate findings of fact and entered a separate decree in each case. In Cause No. 219662 the court found the annexation to be '* * * unreasonable, unjust, oppressive and, on account thereof, is void.' It also found Normandy had no priority of jurisdiction. Accordingly, the court's decree invalidated Ferguson's Ordinance No. 116. Both Ferguson and Normandy appeal from that judgment. in Cause No. 223197 the court found the annexation reasonable and also found Normandy had no priority of jurisdiction. Accordingly, the decree refused to invalidate Ferguson's Ordinance No. 214. North Hills and Normandy appeal from that judgment.

The doctrine of pre-emption or prior jurisdiction in annexation proceedings has long been recognized in Missouri. State ex Inf. Taylor ex rel. Kansas City v. North Kansas City, 360 Mo. 374, 228 S.W.2d 762; Mayor, Councilmen and Citizens of City of Liberty v. Dealers Transport Co., Mo., 343 S.W.2d 40. In the latter case the rationale of the doctrine was stated to be the sound recognition that there cannot be two municipal corporations with coextensive powers of government extending over the same area. Under this doctrine where two public bodies each claim jurisdiction over the same territory by virtue of annexation proceedings, the public body which takes the first valid step to accomplish annexation has the superior claim regardless of which one completes its proceedings first. State ex rel. Industrial Properties, Inc. v. Weinstein, Mo.App., 306 S.W.2d 634. To the same effect is the holding in Mayor, Councilmen and Citizens of City of Liberty v. Dealers Transport Co., supra, that the question of priority should be determined prior to the time both cities complete annexation. The same principle has been followed in the case of school district consolidations in Missouri. See State ex rel. Dalton ex rel. Stonum v. Reorganized Dist. No. 11, Clinton County, Mo., 307 S.W.2d 501; Walker Reorganized School Dist. R-4 v. Flint, Mo.App., 303 S.W.2d 200; State ex rel. Cainsville Reorganized School Dist. No. 1 of Harrison County v. Tomes, Mo.App., 299 S.W.2d 892; Mullins v. Eveland, Mo.App., 245 S.W.2d 639; State ex rel. Corder School Dist. No. R-3 v. Oetting, Mo.App., 245 S.W.2d 157. Of particular importance is the case of State at Inf. of Taylor ex rel. Oster v. Hill, Mo., 262 S.W.2d 581, where it was held that mere consideration by the directors of a district of the intention to enlarge the district was immaterial and did not confer any priority. In the case of Willard Reorganized School Dist. No. 2 of Greene County v. Springfield Reorganized School Dist. No. 12 of Greene County, 241 Mo.App. 934, 248 S.W.2d 435, the same language as found in the Weinstein case, supra, was used; i. e., the court referred to the district which took the first valid step. It follows that we are to look to the facts to determine which municipal body took the first valid step toward incorporation.

In so doing it is necessary to carefully delineate the differences between Ferguson and Normandy. Ferguson is a charter city, and while the Sawyer Act by express terms does apply to cities, it does not apply to a charter city. McConnell v. City of Kansas City, Mo., 282 S.W.2d 518. In State ex Inf. Taylor ex rel. Kansas City v. North Kansas City, supra, the Supreme Court held that the right of a charter city to amend its charter and hence extend its boundaries by that amendment as provided for in the Constitution of Missouri is self-enforcing and that the exercise of that right can be accomplished without any legislation. It also follows that any act of the legislature such as the Sawyer Act, attempting to restrict the exercise of the right of a charter city to amend its charter, would be invalid. The inescapable conclusion is that the Sawyer Act does not apply to Ferguson. Since the Sawyer Act does not apply to Ferguson, its action on February 3, 1956 by filing a Sawyer Act proceeding could not be the first valid step in seeking the annexation of this territory. The first valid step which was taken...