Section 19 Procedural Issues Relating to Declaratory Judgment

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

The determination required to sustain an involuntary annexation constitutes a class action brought in accordance with § 507.070, RSMo 2000. Section 71.015.1(5)(c), RSMo 2000. But § 71.015 stands as an exception to class rules, permitting no judicial discretion to determine the sufficiency of the class as long as it is fairly chosen and adequately represents all unnamed members. City of St. Peters v. Gronefeld, 609 S.W.2d 437 (Mo. App. E.D. 1980) (finding adequate naming of class members based on persons within the annexation area who were mailed tax bills). The adequacy of this representation is fact specific. Although the municipality's petition does not need to state the means of...