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

Page 837

452 So.2d 837

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.

No. 54956.

Supreme Court of Mississippi.

May 16, 1984.

Rehearing Denied July 25, 1984.

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.

BOWLING, Justice, for the Court:

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:

I. THE CHANCELLOR'S FINDINGS OF FACT ARE MANIFESTLY AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND ARE NOT SUPPORTED BY ANY SUBSTANTIAL EVIDENCE.

II. THE CHANCELLOR'S CONCLUSIONS OF LAW THAT THE PROPOSED ANNEXATION IS REASONABLE AND IS REQUIRED BY THE PUBLIC CONVENIENCE AND NECESSITY ARE ERRONEOUS.

III. THE CHANCELLOR ERRED IN FINDING THAT THE CITY'S LEGAL DESCRIPTION OF THE TERRITORY PROPOSED TO BE ANNEXED AS SET FORTH IN THE ORDINANCE, PUBLIC NOTICE AND CHANCERY COURT PETITION CONSTITUTED A VALID, LEGAL DESCRIPTION.

IV. THE CHANCELLOR ERRED IN FAILING TO FIND THAT THERE WAS A FATAL VARIANCE BETWEEN (A) THE LEGAL DESCRIPTION CONTAINED IN THE CITY'S PETITION AND ORDINANCE: AND (B) THE LEGAL DESCRIPTION AS PLATTED ON THE CITY PLAT ANNEXED TO THE PETITION AS REQUIRED BY SECTION 21-1-25, MISSISSIPPI CODE OF 1972, AS AMENDED.

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:

"At a regular meeting of the Board of Mayor and Aldermen of the City of Yazoo City, Mississippi, held on August 24, 1981, an ordinance was duly enacted extending and enlarging the corporate limits of the city. The said ordinance was published according to law.

"On September 22, 1981, the City filed its petition in this Court for ratification, approval and confirmation of the ordinance. A certified copy of the ordinance, together with the requisite map, was attached to the petition. The ordinance defines with certainty the territory proposed to be included in the corporate limits, and also defines the entire boundary as changed.

"In accord with the terms and provisions of Sec. 21-1-27, Miss.Code, 1972, the ordinance in general terms described the proposed improvements to be made in the territory proposed for annexation, the manner and extent of such improvements, and the approximate time within which such improvements are to be made. It is stated that the City shall make the following improvements in the territory proposed for annexation within a reasonable time, not to exceed three (3) years from the effective date of the ordinance:

"(a) To provide and extend an adequate water system for domestic use and fire protection;

"(b) To construct sanitary sewer lines and to provide sanitary sewage facilities;

"(c) To provide electrical system and service where needed and permitted.

"The ordinance further sets out a statement of the municipal or public services which the City proposed to render in the annexed territory, to-wit:

"(a) Provide garbage and trash pickup from each residence;

"(b) Provide regular city water rates to users already served by city water;

"(c) Provide regular police patrol and protection;

"(d) Provide fire protection;

"(e) Provide street and drainage maintenance;

"(f) Provide malarial control, animal control, and traffic control and regulatory traffic signs;

"(g) Provide comprehensive zoning for building construction, building codes and building inspector services and regulations;

"(h) Provide garbage pickup from each commercial establishment on a fee basis.

"On September 22, 1981, this Court entered an Order fixing the date for hearing the said petition, that is to say, October 28, 1981. Thereupon, notice to all persons interested in, affected by, having objections to, or being aggrieved by the ordinance was given by publication, according to law. Further, notice by posting was given in the manner prescribed by Statute.

"The Court finds that the ordinance and the Petition for ratification, approval and confirmation thereof are in accord with the provisions of the statutes in such cases made and provided.

"Of the estimated 1,235 people living in the territory sought for annexation, some forty (40) individuals signed the objections filed in this cause. Some nine (9) industries likewise filed objections. In addition thereto some seventy (70) individuals who live outside the territory sought to be annexed filed objections.

"After hearing motions and other preliminary matters, hearing on the merits began on October 13, 1982. The taking of testimony was concluded on October 22, 1982. This matter was taken under advisement to afford the Court time to review the testimony.

"The burden of proof was on the municipal authorities to show that the proposed enlargement is reasonable, Sec. 21-1-33, Miss.Code 1972; Re Extension of Boundaries of the City of Indianola, 226 Miss. 760, 85 So.2d 212 (1956); Bridges v. Bilox [Biloxi] 253 Miss. 812, 178 So.2d 683 (1965).

"In a proceeding under Sec. 21-1-33 the Chancery Court is governed entirely by, and its powers are limited to, the language of the statute. It is empowered (1) to approve, ratify and confirm the ordinance if found to be reasonable, (2) to modify the proposed enlargement or contraction by decreasing the territory to be included or excluded, or (3) to deny in toto the proposed enlargement or contraction if found to be unreasonable. Lippian v. Ros, 253 Miss. 325, 175 So.2d 138 (1965).

"Briefs by the four groups involved in this cause were presented on or about November 12, 1982.

"The maps, charts, and other exhibits, as well as the oral testimony show the following:

"AREA NO. I

"This area contains 181 acres and is situated to the West of the present City. It adjoins Yazoo City along Champlin Avenue and Airport Road. Yazoo City High School is situated on this tract. The tract also contains some vacant developable land. No one lives in this area. The County pays $375.27 for each child in the County that attends the City School. The City will save some $12,000 on fire insurance by extending the City limits. Area I is reasonably in the path of growth of the City and the Court is of the opinion that the annexation of this parcel would be reasonable.

"AREA NO. II

"Area 2 has four (4) inhabitants. It is situated at the Northeast corner of the present city and contains 674.2 acres. It adjoins the City along some two miles of the present boundary. Mississippi Chemical Company headquarters building and the Yazoo Country Club are located thereon, as well as the intersection of Highway 49 West and Highway 3. There was no objection to the annexation of this parcel. The Court finds that the annexation of this parcel to be reasonable.

"AREA NO. III

"Area 3 is located to the South and East of the present City. It contains 805.9 acres. It is made up of commercial buildings, a cemetary, and homes. A Boy Scout Camp is also located therein. Some 721 people live in this Area. The City serves this Area with water and electricity but no sewer facilities are provided. The City also provides fire protection for Area 3 and the people living therein pay for this service. This Area includes the intersection of Highway 49E, Highway 49W, and Highway 16, and is a main highway entrance to downtown Yazoo City. There is a motel and two restaurants situated at or near the intersection of said highways.

"The State Board of Health's County Sanitarian for...