Section 15.14 Parties to the Action

• Library: Local Government Deskbook (2017 Ed.)

F. (§15.14) Parties to the Action

Proceeding under § 71.015, RSMo 2016, and §§ 71.860–71.922, RSMo 2016, the defendants constitute a class that must be fairly chosen and adequately and fairly represent the class of defendants as a whole. The city must plead and prove these allegations in the declaratory judgment action for annexation. City of Des Peres v. Stapleton, 524 S.W.2d 203 (Mo. App. E.D. 1975).

Generally, all landowners should be joined, absent a class so numerous as to be impractical. City of Parkville v. N. Farms, 950 S.W.2d 882 (Mo. App. W.D. 1997). Adequacy of representation is fact specific and, although the petition does not need to state the means of selection, must be proven at trial. City of Ballwin v. Hardcastle, 765 S.W.2d 324 (Mo. App. E.D. 1989) (citing City of St. Charles v. Schroeder, 474 S.W.2d 55 (Mo. App. E.D. 1971), and determining that annexation area class...