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eBook details

• Title: City Woodson Terrace v. Harry Herklotz
• Author : St. Louis District Missouri Court of Appeals
• Release Date : January 19, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

In this action, plaintiff City of Woodson Terrace, a city of the fourth class in St. Louis County, seeks the remedy of a declaratory
judgment in connection with and in judicial confirmation of its proposal to annex forty-four acres of land, now used for agriculture,
under the statute commonly known as the Sawyer Act, § 71.015 R.S. Mo. 1959. The owners of the land who reside thereon,
individually and as representatives of a class, were made parties defendant. They resist the annexation. And, on motion, the
Village of Edmundson was permitted to intervene as a party defendant. A trial was had without a jury, and a declaratory judgment
was rendered authorizing the annexation. Defendants, other than the Village of Edmundson, have appealed. The statutory authority for the extension of the boundaries of a city of the fourth class is to be found in § 79.020,
R.S. Mo. 1959, which provides that the "mayor and board of aldermen of such city * * * with the consent of a majority of the
legal voters of such city * * * shall have power to extend the limits of the city over territory adjacent thereto * * *."
The conditions on which territories may be annexed to cities are provided in basic statutes such as § 79.020, supra,
and in the Sawyer Act which incorporates the remedy and procedure of the Declaratory Judgment Act.

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