In re Annexation of Certain Real Property to the City of Proctor from Midway Township

The Supreme Court affirmed the judgment of the court of appeals reversing the order of the district court vacating the order of the Chief Administrative Law Judge (ALJ) that approved an annexation of certain property by the City of Proctor, holding that an orderly annexation agreement does not limit the authority of non-parties to the agreement to annex by ordinance property subject to the agreement.The City of Duluth and Midway Township entered into an orderly annexation agreement pursuant to Minn. Stat. 414.0325 regarding designated property in Midway and governing future annexations of that property by Duluth. Later, the owners of some of the designated property petitioned Proctor, a non-party to the agreement, to annex their property by ordinance pursuant to Minn. Stat. 414.033. Proctor did so, enacting an ordinance to that effect. The Chief ALJ issued a decision ruling that Proctor's annexation by ordinance was valid. The district court vacated the ALJ's decision, holding that Minn. Stat. 414.0325(1)(e) prevents annexations-by-ordinance of property within a designated area. The court of appeals reversed. The Supreme Court affirmed, holding that orderly annexation agreements created under section 414.0325 do not prevent non-parties from annexing property by ordinance under section 414.033. View "In re Annexation of Certain Real Property to the City of Proctor from Midway Township" on Justia Law