Fetters v. City of Hoover

I simply can not agree with the majority’s rationale for distinguishing this case from Meeks v. Town of Hoover, 286 Ala. 373, 240 So.2d 125 (1970).1

While it is true that Meeks is an incorporation case and this is an annexation case, I find that to be a distinction without a difference. The pertinent part of the incorporation statute at issue in Meeks, Code 1940, Tit. 37, § 10, now Code 1975, § 11-41-1 provides:

“No platted or unplatted territory shall be included within such boundary unless there are at least four qualified electors, according to government survey, residing on each quarter of…