Section 42 Declaratory Judgment Petition

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

In the Circuit Court of __________ County, Missouri

City of __________, Missouri, )

)

Plaintiff, )

) Case No. __________

v. )

) Division ___________

______________________ )

12345 Friendly Road )

__________, Missouri )

)

______________________ )

12345 Sunshine Lane )

__________, Missouri )

)

)

Defendants. )

Petition for Declaratory Judgment

Authorizing Annexation

Plaintiff, City of __________, Missouri ("City"), for its Petition for Declaratory Judgment Authorizing Annexation ("Petition"), states as follows:

1. The City is a __________ city duly organized and existing under the laws of the State of Missouri, and is situated in __________ County, Missouri.

2. The Defendants are residents of __________ County, Missouri, and are inhabitants of, or operate a business in, the unincorporated area described as follows (hereinafter referred to as the "Annexation Area" or "area to be annexed"):

[insert legal description]

3. This Petition is mentioned as a class action pursuant to Section 71.015.1(5)(c), RSMo. This section requires that this action "shall be a class action against the inhabitants of such unincorporated area under the provisions of section 507.070, RSMo."

4. The Defendants were chosen as follows: A list of all of the registered voters within the Annexation Area was obtained from the __________ County Clerk. This voter registration list showed _____ active registered voters. All _____ listed active registered voters were made party defendants. Additionally, __________ has been made a party defendant because [he/she] owns a commercial enterprise in the Annexation Area and [he/she] spoke in opposition to the annexation at the public hearing.

5. The Defendants adequately represent all of the inhabitants and have been fairly chosen to adequately and fairly...