Property owners brought declaratory judgment action seeking to set aside city’s annexation of property near their property. The District Court denied property owners’ request for relief. Property owners appealed.
On an issue of first impression, the Supreme Court of Oklahoma held that strict compliance, rather than substantial compliance, with notice and consent provisions of annexation statute was required.
Strict compliance, rather than substantial compliance, with notice and consent provisions of annexation statute was required. Notice provision used term “shall,” legislative intent to protect property owners who were affected by annexation without actually being within annexed territory was demonstrated by certified mailing requirement, and strict compliance was warranted when a person’s property was at stake.