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eBook details

• Title: City Branson v. John R. Biedenstein
• Author : En Banc Supreme Court of Missouri
• Release Date : January 14, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an annexation case. On July 23, 1979, the Hon. Jack A. Powell, Special Judge, found in favor of respondent City of Branson and authorized it to proceed with the process of annexation of three separate tracts of land. Appellants appealed to this court. We have jurisdiction under Mo. Const. art. V, § 3 because appellants challenge the constitutionality of § 71.015, RSMo 1969 1 (commonly referred to as the Sawyers Act) and § 79.020, the latter of which provides for the submission of the proposed annexation to the voters of the annexing city only, and not to the voters of the areas sought to be annexed. Appellants allege that the trial court erred in granting judgment in favor of respondent because: 1) the annexation is not reasonable or necessary; 2) respondent failed to choose a class of defendants that would adequately represent the entire class; and 3) § 71.015 and § 79.020 are unconstitutional in that they deprive the proposed annexees of equal protection and due process by not permitting them to vote on the proposed annexation. Appellants also argue, apparently in the alternative, that § 71.015, RSMo Supp. 1980, which does permit the proposed annexees to vote, applies to this case.

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