Section 15.22 The Doctrine of Prior Jurisdiction

• Library: Local Government Deskbook (2017 Ed.)

L. (§15.22) The Doctrine of Prior Jurisdiction

The rights of competing cities regarding annexation has been the subject of considerable discussion by Missouri courts over the years.

In State ex inf. Taylor ex rel. Kansas City v. North Kansas City, 228 S.W.2d 762 (Mo. banc 1950), the Court ruled that Kansas City moved first and had the right to continue its proceedings to conclusion regardless of subsequent efforts by North Kansas City. See also State ex rel. City of Jackson v. Grimm, 555 S.W.2d 643 (Mo. App. E.D. 1977), in which, in the context of the City of Jackson’s motion to intervene in Cape Girardeau’s declaratory judgment action, Cape Girardeau’s right to institute annexation proceedings was upheld, despite earlier efforts and a determination of reasonableness and necessity in favor of the City of Jackson, when the circuit court found that Jackson had abandoned its annexation proceeding. In State ex rel. St. Louis County v. Jones, 498 S.W.2d 294 (Mo. App. E.D. 1973), the court held that the fact that a municipal annexation suit was pending did not prelude the St. Louis County council from rezoning the tract or from granting a conditional use permit applicable to the land.

City of St. Joseph v. Village of Country Club, 163 S.W.3d 905, 909 (Mo. banc 2005), addressed whether the adoption of a resolution announcing the intent to annex or the preparation of an ordinance in contemplation of annexation constitutes the first “valid step” toward annexation under § 71.015, now RSMo 2016. The Court held that the first valid step in seeking annexation is an ordinance and not a resolution. This determination is especially important for situations in which two municipalities are competing for the same territory:

The doctrine of prior jurisdiction has long been established in Missouri. It provides that, as between two municipalities competing for the same territory, the one undertaking the first “valid step” toward annexation has priority. State ex inf. Taylor ex rel., Kansas City v. North Kansas City, 360 Mo. 374, 228 S.W.2d 762, 779 (1950). This Court described the doctrine in Liberty v. Dealers Transport Co. as follows:

The prior jurisdiction doctrine resulted from the sound recognition that there cannot be two municipal corporations with co-extensive powers of government extending over the same area. The resulting and settled rule is that where two public bodies such as a municipal corporation or school district each claim jurisdiction over the same...