ANNEXATION - MISSISSIPPI

City of Jackson v. City of Pearl

Supreme Court of Mississippi - March 16, 2023 - So.3d - 2023 WL 2532971

Cities and county sought review of a third city’s ordinance incorporating undeveloped land that was located in county, which was not city’s county, and that surrounded an airport that city had previously incorporated.

The Circuit Court entered order voiding the ordinance. City appealed.

The Supreme Court held that city needed approval from county board of supervisors for its attempted annexation to enlarge existing airport.

Statute governing municipal incorporation of property in another county, relating to statutory process for municipalities of more than 100,000 people to incorporate noncontiguous airport property, required city to obtain approval from county board of supervisors for city ordinance that incorporated undeveloped land that was located in county, which was not city’s county, and that surrounded an airport that city had previously incorporated; city could not use statute as a jumping off point for future annexations into county to enlarge existing airport after receiving a one-time pass, via the statute, from the requirements of general annexation law.



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