City of Devondale v. Stallings

STEPHENS, Chief Justice.

The issue we decide on this appeal is whether CR 73.02(2), the so-called “substantial compliance” rule, applies when a notice of appeal is timely filed, but omits the names of indispensable parties. Another way of stating the issue is whether the failure of an appellant to name indispensable parties in a timely-filed notice of appeal makes the notice of appeal jurisdiction-ally defective.

In 1984, Devondale, a fifth-class city located in Jefferson County, passed an ordinance that proposed to annex certain adjacent tracts of land which contained sufficient population to…