Batchelder v. City of Coeur D'Alene

SMITH, Chief Justice.

This is an appeal from a judgment of the district court upholding the validity of Ordinance No. 1121, enacted by the city of Coeur d’Alene, annexing certain lands to the corporate limits of the city, excepting three parcels which the court disannexed, thus voiding the ordinance insofar as it attempted annexation of those three parcels. The judgment of disannexation of those three parcels was grounded on the theory that the owners never had subdivided nor begun to sell off the lands in parcels not exceeding five acres. I.C., § 50-303.

Appellants urge (1), that the…