Opinion of the Court By Chief Justice MINTON.
The City of Lebanon sought to annex over four hundred acres of nearby property. Property owners subject to the annexation, including the Goodin Trust,
The trial court agreed with Goodin and granted the motion for summary judgment. The City appealed the decision, and the Court of Appeals affirmed the trial court's ruling. We granted the City's motion for discretionary review to clarify generally the procedure for annexation under Kentucky law and examine particularly the holding of the Court of Appeals requiring that a municipality's annexation boundaries must conform to a "natural or regular" shape. Finding no support in Kentucky law for requiring "natural or regular" boundaries and finding the City did not act arbitrarily in performing this legislative function, we reverse the Court of Appeals and declare the annexation valid.
The facts in this case are undisputed and relatively simple. Paul Hilpp, a property owner within the boundaries of the proposed annexation, approached the City's mayor and inquired about the possibility of being annexed. At that time, Mr. Hilpp was in preliminary discussions with Wal-Mart about the purchase of his property. The City later adopted Ordinance 05-13, proposing to annex territory, including Mr. Hilpp's property. The territory intended for annexation by the City consisted of approximately 415 acres with its northeastern boundary adjacent to the City's preexisting boundary for 4,780.5 feet, approximately nine-tenths of a mile. Roughly, the territory is bounded on the north by U.S. Highway 68 and the existing city limits, on the east by the existing city limits and Kentucky Highway 208, and on the south and west by farmland. The section along Kentucky Highway 208 consisted of fourteen property owners, nine of whom were excluded from annexation. As a result, the territory has a number of directional changes along that boundary. Additionally, four excluded property owners in the northeast corner of the territory are surrounded on three sides by city limits as a result of the annexation. The territorial boundary along U.S. Highway 68 contains one excluded property.
Opponents to the proposed annexation, including Goodin, were unable to garner the statutorily required number of signatures.
The City appealed the trial court's ruling. The Court of Appeals affirmed the trial court and further held that the boundaries of the territory to be annexed must be "natural or regular." According to the Court of Appeals, the boundaries of the proposed annexation were deficient in this regard. In reaching this conclusion, the Court of Appeals relied heavily on prior case law dealing with "corridor" or "shoestring" annexations. Additionally, the Court of Appeals focused primarily on the "adjacent or contiguous" language in KRS 81A.410, describing the requirements of property suitable for annexation. The Court of Appeals did not reach the issue of whether Goodin's constitutional rights were violated by the City's actions.
The circumstances and issues presented in this case arise out of the interpretation of a statute and the constitutionality of a City's action through its properly enacted ordinances. The review of a trial court's grant of summary judgment involves only legal questions, which this Court may resolve free of any mandate to accord the trial court deference. Because these issues are matters of law, the proper standard of review for this Court is de novo.
Our review of whether the City acted arbitrarily, in violation of Section 2 of the Kentucky Constitution, is more restrained. We discuss the standard in more detail below; but because annexation is a legislative act, we accord a certain degree of deference. The legislative act must be rationally connected to the purpose of the power for which the legislative body's power exists.
Generally speaking, the authority to annex territory lies with the General Assembly.
In the context of annexation, KRS 81A.410, a relatively new statute given the long history of annexation, dictates the requirements for a territory to be suitable for annexation. Enacted in 1980, KRS 81A.410 has evaded judicial interpretation to this point. Relevant to this action, KRS 81A.410 provides:
In nullifying the City's annexation, the Court of Appeals focused on the "adjacent or contiguous" language found in KRS 81A.410(l)(a). Additionally, the Court of Appeals interpreted "adjacent" to be equivalent to "contiguous" and, in turn, anchored the entire decision on contiguity. The City, arguing Kentucky law was misapplied by the Court of Appeals, challenges the panel's interpretation of the annexation statute. On the other hand, Goodin supports the rationale used by the Court of Appeals panel and relies on the spirit of Kentucky precedent as a buttress. Viewing Kentucky law as clear on the matter, we agree with the City.
Initially, we must respond to the interpretation of "adjacent" and "contiguous" as used by the Court of Appeals. When interpreting statutes, the foremost goal of this Court "is to give effect to the intent of the General Assembly."
Adjacent is commonly defined as "not distant or far off" or "nearby but not touching."
The Court of Appeals cited Parsons v. Dils,
This Court's emphasis on the actual meaning of statutory language, at risk of seeming pedantic, is critical because each word used by the General Assembly represents an affirmative choice to convey a specific message. The intent of the legislature is clear when the language used is unambiguous. And finally, if adjacent was essentially the same word as contiguous in the context of KRS 81A.410, adjacent would be rendered a mere redundancy or superfluity. When interpreting statutes, we presume the General Assembly intended for all parts of the statute to have meaning. As a result, we read KRS 81A.410 to allow a city to annex territory that is either nearby, e.g., perhaps separated by roadway or river, or touching the boundary of the city.
Neither our reading of adjacent nor the policy underlying annexation allows for a city to pick property miles away from the current city boundary and claim it constitutes "nearby." Allowing annexed pockets of territory would be antithetical to the meaning of annexation, which, of course, involves adding a territory to an existing geographical unit while, at least in theory, maintaining communal interests, values, and goals of the city.
With the above understanding of KRS 81A.410 in mind, we turn to whether the City's annexation in this case satisfied the statutory requirements. The Court of Appeals erred by misapplying our "corridor" annexation jurisprudence to the instant case. Additionally, the Court of Appeals acted independently of settled Kentucky law, seemingly creating an additional annexation requirement with the introduction of the "natural or regular" boundaries standard. And the Court of Appeals erred by delving into legislative motives in its review of the annexation's legitimacy. We will deal with each error in turn and, accordingly, find the City undoubtedly fulfilled its statutory requirements with the given annexation.
The annexation before this Court in no way fits within the reasoning or facts of "corridor" annexations. "Corridor" annexations are present in the unique situation in which the property to be annexed, or incorporated as the case may be, is contiguous with the municipality only through a "corridor" or "finger" or "strip of highway." Simply put, "corridor" cases involve annexations where the only way to satisfy the plain statutory requirement of contiguity is via a small strip of land connected to the property that, generally speaking, is the true target of the municipality's annexation power. And, moreover, the strip of land creating the requisite contiguity typically serves no municipal purpose or is not suitable for development. When faced with annexations of this type, our case law has consistently and properly noted the likelihood of "mere subterfuge."
Focusing on the shape of the territory to be annexed misses the real basis for disallowing "corridor" annexations.
We dispel the notion that shape is a critical factor under Kentucky law in determining the validity of annexations in order to prove the "natural or regular" standard rests upon an uncertain foundation. Conspicuously absent from Ridings and Griffin, the cases relied upon by the Court of Appeals in instituting this new standard, are the terms "natural" or "regular."
While the wisdom of requiring "natural or regular" boundaries is debatable, we would be remiss if we did not express our deep-seated concern for the potential for a "judge-made swamp"
It would be equally unwise for the Court to endeavor to discern the motivations of a particular legislator or legislative body in making a policy decision or enacting legislation. Goodin argues that the City intentionally excluded a number of residents on the territory's eastern border because it was aware of their planned remonstration. Over the course of this litigation, the City's alleged intentional and knowing manipulation has been principally derived from the depositions of two City officials. By the estimation of both lower courts, this manipulation resulted in the annexation boundaries being "unnatural or irregular," a standard which we cannot support. Again, it is a deeply rooted principle of law that "[a]nnexation is purely and simply a political act within the exclusive control of the legislature."
Like our predecessor Courts, we are reticent to initiate judicial review of legislative motives. "Legislative motive, understanding or inducement are not on trial,
Furthermore, when dealing with city ordinances, the lower courts should refrain from relying heavily on the depositions of city officials to glean the particular motives. "When the validity of an ordinance is questioned, the only proper evidence of the action of the council is the journal of their proceedings, which they cause the clerk to keep."
Turning to the annexation at hand, it is easily determined that the City properly found the territory suitable for annexation under KRS 81A.410. The northern boundary of the territory touches the City's current municipal border for some 4,780.5 feet.
An annexation territory can be "urban in character" or "suitable for [urban] development" "by reason of population density, commercial, industrial, institutional, or governmental use of land, or subdivision of land."
We pause here momentarily to address Goodin's argument that our decision in favor of the City will release a parade of horribles. As a result of this decision, we do not expect a drastic change in the manner in which cities annex territory. Cities must comply with KRS 81A.410. But we note, with regard to Goodin's main contention that the city intentionally manipulated the process and gerrymandered the territory, KRS 81A.410 appears to permit the annexation of individual tracts of property, assuming, of course, compliance with the statute. This has been referred to as "spot annexing";
Finally, Goodin argues the City acted arbitrarily, in violation of Section 2 of the Kentucky Constitution,
In the current action, Goodin had little option but to bring a claim under Section 2.
As we have said repeatedly throughout this opinion, annexation is an exclusively political and legislative act. Because the "act of enlarging the territorial limits of a city is legislative[,]"
It is important to bear in mind that "[s]ection two of our Constitution does not rule out policy choices which must be made by government. Many times these choices are in reality political actions and if they are not otherwise in conflict with constitutional principles they do not violate section two as being arbitrary."
In the instant case, the City's decision to annex the selected territory is rationally connected to its power to act. The city council exists to promote the values of the community and to effect policies in the best interest of the community. Annexing territory potentially increases commercial development or revenue and is a method for effectuating the city council's purpose. And the City fully complied with the statute governing the selection of territory for annexation. So the City's annexation did not violate Goodin's rights under Section 2 of the Kentucky Constitution.
We reverse the Court of Appeals and remand the case to the trial court to enter summary judgment in favor of the City. The City wholly adhered to the statute in annexing a territory that was "adjacent or contiguous" and suitable for urban development. Annexation boundaries are not required by Kentucky law to be "natural or regular." And the City did not violate the Kentucky Constitution. A city's annexation of nearby territory is a legislative act, which will not be disturbed when there is a rational connection between the action taken and the purpose for which the power exists.
SCOTT, J., dissents by separate opinion.
SCOTT, J., Dissenting.
I must respectfully dissent from the majority's opinion because the City's blatantly unnatural manipulation of the annexed property's boundaries — omitting dissenting property owners so as to ensure the success of the annexation — should render this annexation void. No tangible municipal value or purpose exists which would justify the unnatural and irregular boundaries of the annexed property, and the resulting exclusion of certain property owners within the City's new limits. I agree with the Court of Appeals that these boundaries were not contiguous or adjacent to the boundaries of the City per the requirements of KRS 81A.410(1)(a). Accordingly, the annexation should be voided.
KRS 81A.410(1)(a) provides that only property adjacent or contiguous to a city may be annexed. There has been much debate in this case over the meaning of "adjacent or contiguous." I believe the Court of Appeals properly used Ridings v. City of Owensboro, 383 S.W.2d 510 (1964) and Griffin v. City of Robards, 990 S.W.2d 634 (Ky.1999) in analyzing the meaning of "adjacent or contiguous." The boundary lines of the annexed territory should be natural and regular in relation to the boundaries of the municipality.
Admittedly, unnatural or irregular boundaries do not per se violate the contiguity requirement of KRS 81A.410(1)(a). Griffin, 990 S.W.2d at 640. However, if an annexed property has irregular boundaries, such as creating a narrow strip or corridor, then the court must determine whether a concrete or tangible municipal value or purpose exists to justify the irregular boundaries. Griffin, 990 S.W.2d at 640; Ridings, 383 S.W.2d at 511-12. If such municipal value or purpose exists, then the boundaries are deemed contiguous. Griffin, 990 S.W.2d at 640; Ridings, 383 S.W.2d at 512. On the other hand, if no such municipal value or purpose exists, the boundaries of the annexed territory fail to meet the contiguity mandate. Griffin, 990 S.W.2d at 640; Ridings, 383 S.W.2d at 512.
In the present case, the boundary lines are highly irregular — including sixteen directional boundary changes. Furthermore, the City's manipulation of the annexed territory's boundaries has resulted in four different property owners being excluded from the annexed territory, yet completely surrounded by city limits. Thus, the shape of the annexed territory is left resembling a piece of Swiss cheese, complete with "holes" where the excluded property owners lie. Such tortured boundary lines violate the "adjacent and contiguous" requirement of the statute.
Additionally, these fully surrounded property owners, who could have defeated the annexation with their opposing votes, have instead now been cut off from direct access outside the City. There is no access to their properties without first going through the City. As a result, the City has given itself a disturbing amount of control over these enclosed property owners, including the owners' future access to utilities and utility upgrades.
There is no legitimate justification for the highly irregular boundaries of the annexed territory, other than to deprive certain property owners of their votes. Such a political move, in any other context, would be loudly condemned. The record indicates that the City manipulated the annexed property's boundaries to ensure the success of the proposed annexation. As the circuit court noted, "[the City] arranged the boundary lines and predetermined