Town of Oakland v. TOWN OF SOMERVILLE

OPINION

in which ALAN E. HIGHERS, P.J., W.S., and WALTER C. KURTZ, S.J., joined.

This is the second appeal in an annexation case involving two municipalities. The plaintiff smaller municipality passed an ordinance annexing adjoining property. The annexation was to be effective ninety days later. The annexed property also adjoined the defendant larger municipality. After the passage of the plaintiffs annexation ordinance, but before its effective date, the defendant municipality passed an ordinance annexing the same property. The plaintiff then filed a declaratory judgment action, asking the…