Murphy v. Kansas City, Missouri

• Decision Date: 28 July 1972
• Docket Number: No. 18578-4.,18578-4.
• Citation: 347 F. Supp. 837
• Parties: Robert D. MURPHY et al., Plaintiffs, v. KANSAS CITY, MISSOURI, et al., Defendants.
• Court: U.S. District Court — Western District of Missouri

347 F. Supp. 837

Robert D. MURPHY et al., Plaintiffs, v. KANSAS CITY, MISSOURI, et al., Defendants.

No. 18578-4.

United States District Court, W. D. Missouri, W. D.

July 28, 1972.

Bernard L. Balkin, Kansas City, Mo., James W. Farley, Farley, Mo., for plaintiffs.

Carrol C. Kennett, Richard N. Ward, Associate City Counselors, Kansas City, Mo., for defendants.

Before GIBSON, Circuit Judge, and COLLINSON and HUNTER, District Judges.

MEMORANDUM AND ORDER

ELMO B. HUNTER, District Judge.

This is an action brought by several persons who are residents, property owners, taxpayers and qualified voters of an unincorporated area in Platte County, Missouri. Plaintiffs on their own behalf, and purportedly on behalf of all others similarly situated, seek to enjoin a proposed annexation of certain unincorporated areas of Platte County, Missouri to Kansas City, Missouri, and seek to have portions of Section 82.090 RSMo, V.A.M.S. declared unconstitutional. This suit is brought pursuant to Title 42 U.S.C. Sections 1983 and 1988 and jurisdiction is asserted to be predicated upon 28 U.S.C. Section 1343. Because plaintiffs request an injunction restraining the enforcement of certain Missouri statutes on the grounds that they are violative of the Fourteenth Amendment to the United States Constitution, a three-judge court has been convened.

The parties have filed a stipulation of uncontroverted facts, and the material facts of this controversy are not in dispute. Defendant, the City of Kansas City, Missouri, is a constitutional charter city organized under the provisions of Article VI, Sections 16 and 20 of the Missouri Constitution of 1875, and is presently existing under Article VI, Sections 19 and 20, of the Missouri Constitution of 1945, as amended October 5, 1971, V.A.M.S. Section 5 of the Kansas City Charter provides that the City may extend its limits by an amendment to this Charter, and this is the only method so provided. Section 5 of the Kansas City Charter conforms to Article VI, Section 20, of the Missouri Constitution of 1945 which provides for amendments to constitutional city charters adopted under Article VI, Section 19, by a majority vote of the qualified electors voting on the amendment.

On May 15, 1970, Ordinance No. 38354 was introduced in the City Council of the City of Kansas City, Missouri. This ordinance proposes the submission to the electorate of Kansas City of an amendment to the City Charter extending Kansas City's corporate boundaries to include an area in Platt County, Missouri, a third class county presently adjacent to Kansas City, Missouri. The area proposed to be annexed is described in the proposed ordinance appended to this opinion. Since the proposed area to be annexed is not an incorporated area, pursuant to Article VI, Section 20, of the Constitution of 1945 and Section 5, of the Kansas City Charter, its inclusion in the city limits of Kansas City, Missouri must be accomplished by an amendment to the Kansas City Charter. Thus, the annexation need be approved only by the voters of the City of Kansas City, and persons residing in the area to be annexed have no vote.

Plaintiffs in the instant suit make no claim of a denial of due process of law; that is they do not claim that in all annexation proceedings those residents in the area being annexed are entitled to have a vote in the annexation election. Rather, plaintiffs claim that the method by which the proposed annexation of the area in which they reside is to be accomplished is violative of the equal protection clause of the Fourteenth Amendment to the United States Constitution. This claim is based on two separate contentions, which will be discussed later.

JURISDICTION

The instant suit is brought under the provisions of Title 42 U.S.C. § 1983.¹

Initially, defendants contend that the City of Kansas City, Missouri, is not a "person" within the meaning of that section and therefore 28 U.S.C. § 1343 is not applicable to confer jurisdiction. Defendants rely principally on Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). This contention can be summarily disposed of in light of the fact that the complaint names as defendants in addition to the City of Kansas City, the mayor and city council. These individuals are "persons" within the meaning of 42 U.S.C. § 1983, and it is alleged that their conduct pursuant to state statutory and constitutional provisions, and pursuant to the Charter of the City of Kansas City, deprives plaintiffs of their constitutional rights. See, Adams v. City of Colorado Springs, 308 F.Supp. 1397 (D. C.Colo.1970), affirmed 399 U.S. 901, 90 S.Ct. 2197, 26 L.Ed.2d 555 (1970). Further, plaintiffs' complaint requests only injunctive and declaratory relief and does not claim monetary compensation. Monroe v. Pape involved a request for monetary damage against a municipality, and since that decision the courts have allowed injunctive and declaratory relief against states and municipalities. See, e. g., Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962). Therefore, the doctrine of Monroe v. Pape is clearly distinguishable, and does not remove the instant suit from the provisions of 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343.

Defendants also contend that the sole and only purpose of this suit is to block an annexation and not for redress of a denial of a federally-protected right; that therefore the subject matter of the complaint is not cognizable under 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983, and district court jurisdiction thereunder is lacking.² However, plaintiffs' complaint negates this contention for its thrust is not to oppose annexation but to enjoin the presently employed method of annexation. There is no assurance that the relief requested by plaintiffs would have the effect of blocking the proposed annexation, and any such conclusion is speculative.³

Defendants additionally assert that since the proposed annexation ordinance is presently in its initial stages, and possibly will not be approved by the voters of Kansas City, plaintiffs' suit is premature and presents no controversy susceptible of judicial determination. However, the initial ordinance proposing annexation has been introduced and public hearings have been held on the matter. There has been no assertion by the defendants that the city council does not plan to proceed with the proposed annexation. Missouri court decisions have established that under state law a controversy exists and a city's "jurisdiction" over annexation proceedings attaches and becomes exclusive when an ordinance proposing annexation is first introduced, even though the ordinance might later be amended or even finally defeated. City of Joplin v. Village of Shoal Creek Drive, Mo.App., 434 S.W.2d 25 (Spfld.Ct.App.1968); Mayor, Councilmen, & Citizens of City of Liberty v. Dealer's Transport Co., 343 S.W.2d 40 (Mo.En Banc 1961); State ex inf. Taylor ex rel. Kansas City v. North Kansas City, 360 Mo. 374, 228 S.W.2d 762 (1950). Thus, in the instant case an actual controversy does exist between plaintiffs and defendants, and plaintiffs' request for relief is not premature. See Adams v. City of Colorado Springs, supra. In summary, plaintiff's complaint sets forth a claim under 42 U.S.C. § 1983 and this Court has jurisdiction of the subject matter under 28 U.S.C. § 1343. See Baker v. Carr, supra 369 U.S. 186, at 198-204, 82 S.Ct. 691.

JUSTICIABILITY

Defendants contend that plaintiffs' complaint presents a nonjusticiable political question. Defendants rely primarily on Hunter v. City of Pittsburgh, 207 U.S. 161, 28 S.Ct. 40, 52 L.Ed. 151 (1907). Hunter involved an annexation of the City of Allegheny by the City of Pittsburgh pursuant to a state statute which required the approval of a majority of all voters in a single election wherein the voters of both cities participated. Because of voter population differences between the two cities, the annexation was approved even though a majority of the Allegheny voters were opposed to it. The Supreme Court affirmed the annexation.⁴ In accordance with Hunter plaintiffs' challenge under the Fourteenth Amendment to the procedure for annexation established for the City of Kansas City, Missouri by that city's charter and by the Constitution and Laws of the State of Missouri, is not justiciable.

Plaintiffs further contend the overall Missouri State annexation procedures are discriminatory in that they establish different procedures for essentially similar annexation proceedings throughout the state. The principles declared in Hunter also preclude this claim of plaintiffs' denial of equal protection. However, in view of the important questions presented by the complaint, they will be discussed on the merits.

THE MISSOURI ANNEXATION PROCEDURES

The Constitution and Statutes of the State of Missouri establish several different procedures for annexation of additional territory by a municipality. These procedures differ depending upon whether the annexing city is a constitutional charter city, a special charter city, a city within a first class charter county, or lower class of city, town or village, and whether the area being annexed is incorporated or unincorporated. The procedures which are pertinent to a consideration of the instant case will be discussed in detail.

(a) Annexation of unincorporated territory by a constitutional charter city.

Article VI, Section 20, of the Missouri Constitution of 1945 provides:

"Amendments of any city charter adopted under the foregoing provisions Article VI may be submitted to the electors by a commission as provided for a complete charter. Amendments may also be proposed by the legislative body of the city or by petition of not less than ten per cent of the registered qualified electors of the city, filed with the body or official having charge of the city elections, setting forth the proposed amendment. The legislative body shall at once provide, by

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