City of Boonville v. American Cold Storage

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

The City of Boonville (“Boonville”) brings this interlocutory appeal following the trial court’s denial of its motion to dismiss in favor of American Cold Storage NA, et al. (collectively “Landowners”). Landowners cross-appeal.

We affirm in part, reverse in part, and remand. 1

ISSUES

1. Whether tax-exempt parcels should be counted in determining whether a remonstrance has been signed by 65% of owners of land in an annexed territory.

2. Whether Landowners demonstrated standing to bring a declaratory judgment action to challenge Boonville’s annexation…