Enlargement of Boundaries of Yazoo City v. City of Yazoo City, 54956
Decision Date | 16 May 1984 |
Docket Number | No. 54956,54956 |
Citation | 452 So.2d 837 |
Parties | In re ENLARGEMENT OF the BOUNDARIES OF YAZOO CITY, Mississippi, Dynamics Corporation of America, Portable Elevator Division, Amco Products, Yazoo City, et al. v. CITY OF YAZOO CITY, Mississippi. |
Court | Mississippi Supreme Court |
Herman B. DeCell, Henry, Barbour & DeCell, Yazoo City, Elizabeth L. Gilchrist, Jackson, for appellants.
T.H. Campbell, III, Campbell & Campbell, Yazoo City, for appellee.
Before ROY NOBLE LEE, BOWLING and ROBERTSON, JJ.
This appeal involves the expansion of the city limits of Yazoo City, Mississippi. After a full hearing on February 25, 1983, the Special Chancellor rendered his opinion approving the action of the Mayor and Aldermen of the City annexing certain areas adjacent to the existing city limits.
Pursuant to the petition for annexation filed by the City government on August 24, 1981, the City sought annexation of four separate areas. The property owners of three of the annexed areas did not participate in the appeal. Protestants from the fourth area, (hereinafter referred to as Area IV), consisting of ten commercial enterprises, appeal from the decision of the Special Chancellor and allege the following assignments of error:
The other appellants in the cause are objectors to the annexation ordinance, the majority being residents of an area immediately outside the existing city limits known as the Shady Lane/Shady Oaks area. It was contended by persons alleging to represent all the residents of this area that the annexation ordinance was void as that area was not included as the annexed area. These appellants submit the following assignments of error:
I. THE SPECIAL CHANCELLOR ERRED IN FINDING THAT THE PROPOSED ANNEXATION DID NOT VIOLATE THE 14TH AND 15TH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AND WAS NOT THEREFORE UNREASONABLE EVEN THOUGH THE SHADY LANE/SHADY OAKS AREA WAS EXCLUDED FROM THAT ANNEXATION SOLELY BECAUSE ALL THE AREA'S RESIDENTS ARE BLACK.
II. THE SPECIAL CHANCELLOR ERRED IN FINDING THE PROPOSED ANNEXATION REASONABLE, AND IN FURTHER FINDING THAT THE BOARD OF ALDERMEN OF THE CITY OF YAZOO CITY DID NOT EXCLUDE THE SHADY LANE/SHADY OAKS AREA FROM THE PROPOSED ANNEXATION FOR RACIALLY DISCRIMINATORY REASONS AND WITH RACIAL DISCRIMINATORY EFFECT.
We carefully have studied the record, the briefs, and consideration has been given the oral arguments. A citation of authorities is not necessary on the legal proposition that this Court cannot overturn the decree of a chancellor unless we find with reasonable certainty that his decree is manifestly wrong on a question of law or the interpretation of the facts pertaining to legal questions. We find without hesitation that the opinion of the special chancellor is not manifestly erroneous. It sets out a detailed analysis of the cause and his resulting decree. We therefore affirm that action of the chancellor and adopt the opinion as the opinion of this Court. For the purpose of being accurate, we now set out that opinion in its full context as a part of this appeal opinion:
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