City of Northfield v. Holiday Manor, Inc.

CULLEN, Commissioner.

Northfield, a sixth-class city in Jefferson County, adopted an ordinance for annexation of territory, one part of which was residential and the other part commercial in character. A number of the owners of commercial property, constituting less than ten percent of the freeholders in the territory proposed to be annexed, brought a remonstrance suit attacking the proposed annexation on various grounds. The circuit court entered a summary judgment declaring the annexation void. The city has appealed.

The ground on which the circuit court held the annexation void was that-…