Opinion
No. 42682.
May 20, 1963.
1. Municipalities — altering boundaries — burden on city to establish that enlargement of its boundaries is reasonable.
City has burden to establish that enlargement of its boundaries is reasonable.
2. Municipalities — altering boundaries — Chancellor's finding — appellate review.
If Chancellor's finding of reasonableness or unreasonableness is supported by substantial evidence, appellate court will not disturb finding. Sec. 3374 et seq., Code 1942.
3. Municipalities — altering boundaries — evidence supported Chancellor's finding that expansion was in part unreasonable.
Substantial evidence supported Chancellor's finding that ordinance extending city limits so as to add to city 1,728 acres of land was in part unreasonable and not required by public convenience and necessity. Sec. 3374-11 et seq., Code 1942.
Headnotes as approved by Gillespie, J.
APPEAL from the Chancery Court of Scott County; L.B. PORTER, Chancellor.
Roy N. Lee, O.B. Triplett, Jr., Forest, for appellant.
I. The proposed annexation was reasonable. Dodd v. City of Jackson, 238 Miss. 372, 118 So.2d 319; Forbes v. City of Meridian, 86 Miss. 243, 38 So. 676; Kennedy v. City of Kosciusko, 203 Miss. 4, 33 So.2d 285; Nicholson v. Town of Booneville, 208 Miss. 800, 45 So.2d 594.
Forrest B. Jackson, Jackson, for appellee.
I. The decree ratifying, approving and confirming the boundaries and limits of the City of Forest, as modified by the Court, should be affirmed. Dodd v. City of Jackson, 238 Miss. 372, 118 So.2d 319; Forbes v. City of Meridian, 86 Miss. 243, 38 So. 676; In Re City of Philadelphia, 232 Miss. 582, 100 So.2d 100; In Re Extension of Boundaries of City of Indianola, 226 Miss. 760, 85 So.2d 212; Kennedy v. City of Kosciusko, 203 Miss. 4, 33 So.2d 285; Nicholson v. Town of Booneville, 208 Miss. 800, 45 So.2d 594; Spears v. City of Oxford, 227 Miss. 801, 87 So.2d 61; Walker v. Town of Waynesboro, 202 Miss. 830, 32 So.2d 455; White v. Town of Drew, 214 Miss. 147, 58 So.2d 372; Secs. 3374-10 et seq., Code 1942; Chap. 491, Laws 1950.
The City of Forest adopted an ordinance extending the city limits so as to add to the city 1728 acres of land. Thereafter the city authorities filed an application in the Chancery Court of Scott County seeking a decree approving, ratifying and confirming the proposed enlargement of the city boundaries. Sec. 3374-11, et seq., Miss. Code 1942. Protests were filed and a full hearing on the merits was held by the chancellor. The chancellor found that except as to 160 acres of land the proposed expansion was not reasonable and was not warranted under the facts and the law. A decree was entered disapproving said expansion except as to a specified area containing 160 acres of land.
(Hn 1) The burden of proof was on the city to establish that the enlargement of its boundaries was reasonable, (Hn 2) and if the chancellor's finding of reasonableness or unreasonableness was supported by substantial evidence, then this Court will not disturb the chancellor's findings. Dodd v. City of Jackson, 238 Miss. 372, 118 So.2d 319. (Hn 3) We have carefully reviewed the evidence pro and con and it is our considered opinion that this Court cannot confidently say that there is no substantial evidence to support the chancellor's finding that the ordinance is in part unreasonable and not required by the public convenience and necessity. Therefore, we should and do affirm the decree. We are of the opinion that it would serve no useful purpose to detail the evidence.
Affirmed.
McGehee, C.J., and Ethridge, McElroy and Jones, JJ., concur.