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05/05/95 TOWN VANCE v. CITY TUSCALOOSA

May 5, 1995

TOWN OF VANCE
v.
CITY OF TUSCALOOSA



Appeal from Tuscaloosa Circuit Court. (CV-94-790). Gay M. Lake, TRIAL JUDGE.

Shores, Hornsby, C.j., and Maddox, Kennedy, and Cook, JJ., concur.

The opinion of the court was delivered by: Shores

SHORES, JUSTICE.

This case involves a legislative annexation, and two issues are presented on appeal. The questions are, first, whether Act No. 94-533, Ala. Acts 1994, violates Article IV, §§ 104 and 105, of the Constitution of Alabama 1901, and, second, whether the annexation achieved by Act No. 94-533 is, under Alabama law, an invalid "long lasso" annexation or is a valid "corridor" annexation.

Act No. 94-533, a local law, *fn1 became effective on April 21, 1994. It reads:

"AN ACT

"Relating to Tuscaloosa County; to alter, rearrange and extend the boundary lines and corporate limits of the City of Tuscaloosa in Tuscaloosa County, Alabama, by annexing certain territory to the City, to make certain findings in regard to the public necessity for the annexation, to provide that the existence of other police jurisdictions shall not affect the validity of the annexation, to provide that there shall be no police jurisdiction of the City of Tuscaloosa adjoining the territory to be annexed or subsequently annexed, except to determine the equidistance boundary lines for annexations, to provide that subsequent annexations by the City of Tuscaloosa to Parcels 1, 2 and 3 of the territory shall only be by unanimous consent and to provide that the City shall exercise full municipal authority over the annexed territory.

"Be it Enacted by the Legislature of Alabama :

" Section 1. Findings: The Legislature hereby finds and determines that it is expedient, wise, necessary, proper and in the best interest of the citizens of the State of Alabama, Tuscaloosa County and the City of Tuscaloosa to alter, rearrange and extend the corporate limits of the City of Tuscaloosa as herein provided, including but not limited to the purpose of generally promoting the welfare of the State of Alabama, Tuscaloosa County and the City of Tuscaloosa and specifically, but not limited to, the initial purpose of facilitating the City of Tuscaloosa in providing certain utilities and services to the Mercedes-Benz Automotive Assembly Plant Site. Provided, however, the foregoing shall not be construed to limit in any manner or otherwise curtail the exercise of any municipal powers and authorities by the City of Tuscaloosa nor prohibit future or subsequent annexations in accordance with the provisions hereof.

"....

" Section 5. The boundary lines and corporate limits of the municipality of Tuscaloosa in Tuscaloosa County are hereby altered, rearranged and extended so as to include within the corporate limits of said municipality, in addition to the lands now included, all of the following tracts or territories, to-wit: ....

"[The act at this point described by metes and bounds five parcels. These metes and bounds descriptions of Parcels 1-5 are omitted here because they are unnecessary for resolution of the issues presented.]

" Section 6. A map showing the territory to be annexed into the City of Tuscaloosa, Tuscaloosa County, by the provisions of this act, is on file in the office of the Judge of Probate, Tuscaloosa, County, ...


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