State ex rel. City of Kahoka v. Webber

SMITH, Judge.

This matter is before us following our issuance of an alternative writ of mandamus requiring the respondent to dismiss the underlying lawsuit (City of Kahoka v. Bradley et al) or to proceed to trial thereon or to show cause why he should not do one or the other. That lawsuit was a declaratory judgment action by the City of Kahoka seeking authorization pursuant to Sec. 71.-015, RSMo 1978 to annex certain land as a part of the city. The resolution of annexation was adopted by the Board of Aldermen of the City on August 14, 1978. The petition for declaratory judgment was filed on…