The City of Norris passed two annexation ordinances on the same day. The second territory to be annexed was contiguous to the city only through bordering the territory annexed earlier that same day.
A property owner in the second annexed territory sued Norris in a bid to stop the annexation of this second territory (the “Territory”).
The Trial Court eventually voided the annexation of the Territory on the basis that the Territory was not contiguous to the city. Norris appealed.
The Court of Appeals held that the annexation ordinance purporting to annex the Territory was void because at the time of the passage of the annexation ordinance, the first annexation was not yet operative and the Territory, therefore, was not contiguous to the city as required by law.