Section 15.15 Generally

• Library: Local Government Deskbook (2017 Ed.)

1. (§15.15) Generally

Tracts of land that are adjacent to the city and that otherwise qualify for annexation are qualified even if they are not adjacent to each other. City of St. Peters v. Kodner Dev. Corp., 509 S.W.2d 788 (Mo. App. E.D. 1974).

In City of Bourbon v. Miller, 420 S.W.2d 296 (Mo. banc 1967), the Supreme Court held that the trial court could not approve the annexation of one of the proposed tracts and reject the annexation of the other when the City adopted a single resolution for the annexation. But see City of Butler v. Kuecker, 559 S.W.2d 575 (Mo. App. W.D. 1977). The Court also recited that the reasonableness and necessity of the area proposed for annexation was a question of all or nothing.

In City of Perryville v. Brewer, 557 S.W.2d 457 (Mo. App. E.D. 1977), the City adopted the appropriate resolution for involuntary annexation and sought the appropriate declaratory judgment. In the interim, it accepted a voluntary annexation of part of the same property. In Young v. Mayor, Council & Citizens of City of Liberty, 531 S.W.2d 732 (Mo. banc 1976), the Supreme Court disapproved of that...