71.870. Separate elections required for annexation — effective when. — The legislative body of any city, town, or village located within the boundaries of a first class chartered county which has a population of at least five hundred thousand shall not have the power to extend the limits of such city, town, or village by annexation of unincorporated territory adjacent to the city, town, or village in accordance with the provisions of law relating to annexation by such municipalities until the question of annexation is submitted and is carried by a majority of the total votes cast in the city, town, or village and by a separate majority of the total votes cast in the unincorporated territory sought to be annexed. There shall be separate submissions of the question of annexation to the two groups of voters, the same to be held simultaneously. However, no annexation in a first class charter county which has a population of at least nine hundred thousand shall become effective sooner than one year after the vote for annexation if the question of annexation is carried by a majority of the votes cast by the two groups of voters.
Notes of Decisions
City of Kirkwood v. Allen, 399 S.W.2d 30 (Mo. 1966).
· cites it 30× “" Section 71.870 reads as follows: "The legislative body of any city, town or village located within the boundaries of a first class chartered county shall not have the power to extend the limits of such city, town or village by annexation of unincorporated territory adjacent to…”
City of Bridgeton v. Ford Motor Credit Co., 788 S.W.2d 285 (Mo. 1990).
· cites it 22× “Section 71.870 applies to annexation within a first class constitutionally chartered county having a population of at least 500,-000.”
State at the Info. of Martin v. City of Indep., 518 S.W.2d 63 (Mo. 1974).
· cites it 8× “; and, if so, and if the purpose of the proposed amendment as in this instance was annexation of territory to the City of Independence, whether the City was required to submit the proposition of annexation at separate elections held simultaneously in the several territories…”
St. Louis Cnty. v. City of Florissant, 406 S.W.2d 281 (Mo. 1966).
· cites it 40× “The questions of the applicability and validity of §§ 71.870 to 71.920 present different considerations.”
City of Ballwin v. Hardcastle, 765 S.W.2d 324 (Mo. Ct. App. 1989).
· cites it 4× “On November 3, 1987, an election was held in com-plaince with RSMo § 71.870 (1986). Two of the four parcels did not obtain a majority vote in favor of annexation, and the actions for declaratory judgment regarding those *326 two parcels were voluntarily dismissed without…”
St. Louis Cnty., Mo. v. CITY OF TOWN, 590 F. Supp. 731 (E.D. Mo. 1984).
· cites it 4× “Each of the six municipalities within the County has held or will hold an annexation election pursuant to § 71.870 (or a similar predecessor statute), which sets forth the procedure for annexation elections held by County municipalities.”
Binger v. City of Indep., 588 S.W.2d 481 (Mo. 1979).
· cites it 2× “The trial court ordered ouster but on appeal this court reversed, holding (1) that annexation by charter amendment was the proper and exclusive method of annexation by a constitutional charter city, (2) that proposals to approve such charter amendments could be voted on at a…”
State Ex Inf. Sanders Ex Rel. City of Lee's Summit v. City of Lake Lotawana, 220 S.W.3d 794 (Mo. Ct. App. 2007).
· cites it 3× “Lake Lotawana’s point lacks merit because Lee’s Summit took an alternative first step that was valid: It enacted Ordinance 5800 pursuant to the procedures outlined in Sections 71.870 to 71.922, RSMo 2000. Lake Lotawana further argues that, because Sections 71.”
Murphy v. Kansas City, Missouri, 347 F. Supp. 837 (W.D. Mo. 1972).
· cites it 3× “Specifically, Section 71.870 RSMo provides in pertinent part: “The legislative body of any city, town or village located within the boundaries of a first class chartered county shall not have the power to extend the limits of such city, town or village by annexation of…”
State Ex Inf. Nesslage v. City of Lake St. Louis, 718 S.W.2d 214 (Mo. Ct. App. 1986).
“1110 included an amendment of § 71.870 which, although not pertinent to the instant case, referred to certain cities, town and villages as “such municipalities.”
Hudson Cmty. Ass'n v. City of Ferguson, 456 S.W.2d 581 (Mo. Ct. App. 1970).
· cites it 2× “We are referred to §§ 71.870 to 71.890, V.A. M.S., enacted in 1963, which require an election in both an annexing city and a separate election in the territory to be annexed.”
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