State Ex Rel. Earhart v. City of Bristol

OPINION

LYLE REID, Special Justice.

This case presents for review the Court of Appeals’ decisions that municipal annexation ordinances may be subject to review under the declaratory judgment statute, and that the trial court did not err in declining to issue a declaratory judgment in this case. That court’s decision is affirmed on the first issue, but reversed on the second issue, and the case is remanded to the trial court.

I

The issues presented had their origin in two annexation ordinances adopted by the City of Bristol in 1989. The ordinances undertook to annex the right-of-way of Highway 11E…