State v. Champ
State v. Champ, 393 S.W.2d 516 (1965)
Winning Party
Attorney General of Missouri
Key Issue
Quo Warranto to challenge the validity of the original incorporation of the Village of Champ (Count I).
Case Type
CIVIL
Facts
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The Village of Champ was not equipped to supply any services to the annexed area.
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A quo warranto proceeding was filed, challenging the original incorporation and the annexation.
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Approximately 30 acres were used for building sites, lawns, and streets, with the remainder used for agriculture or rough, wooded land.
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An amended petition was filed for 314.3 acres, still including the Metro site, signed by eleven persons claiming to be more than two-thirds of the taxable residents.
•
In 1957, a plan called Metro was conceived, involving a domed stadium, restaurant, parking garage, and shopping facilities in northwest St. Louis County.
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Much of the area incorporated was not within a pre-existing unincorporated village.
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The 3100-acre tract was primarily farmland with only two residences.
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A petition was filed to incorporate approximately 840 acres as the Village of Champ, including the Metro site.
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The incorporated area included seven houses, a school, and a church.
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The extension of boundary limits was not for any valid municipal purpose nor was it necessary to make the boundaries of the village even and regular.
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The Metro Plan required a municipal entity to issue revenue bonds.
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The Cook residence and 110-acre farm were not part of an existing village.
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Only approximately ten percent of the total area incorporated was located in roads, building sites and houses and grounds.
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The annexation was intended to create an industrial park.
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The County Council approved the incorporation on January 14, 1959, appointing five trustees.
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Champ sought to annex approximately 3100 acres for an industrial park.
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The County Planning Commission recommended against incorporation.
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The first annexation petition was denied, but a new petition was granted on September 5, 1962.
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The rest of the 314.3 acres consisted of agricultural land and rough, timbered areas.
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The 1959 Missouri General Assembly passed legislation to enable Champ to finance Metro, but it was vetoed.
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Key Holdings
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The court deferred to the County Council's determination on whether the petition was signed by the requisite number of taxpaying inhabitants.
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The State is barred by laches from successfully maintaining an action in quo warranto attacking the validity of the village due to the lapse of time between the incorporation and the institution of the action, and the events that occurred during that period.
•
The County Council exceeded its jurisdiction by incorporating land that was not part of a pre-existing village, specifically including agricultural land and the Cook residence, which were not integral to the existing unincorporated village.
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The court did not rule on the motivating factors leading inhabitants to seek incorporation of a town or village, if in fact one exists.
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The Village of Champ is a necessary party respondent in a quo warranto proceeding challenging the annexation of territory.
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The annexation of the 3100-acre tract to the Village of Champ was unreasonable and constituted an abuse of discretion by the County Council.
Citations
State v. Champ, 393 S.W.2d 516, 1965 Mo. LEXIS 737 (1965)
Legal Reasoning
The court reasoned that the County Council exceeded its jurisdiction by incorporating land that was not part of a pre-existing village. The court also found that the annexation of the 3100-acre tract was unreasonable and constituted an abuse of discretion. The court held that the State was barred by laches from challenging the original incorporation due to the lapse of time and actions taken during that period. The court overruled the prior holding that adding the municipality as a party respondent would be a recognition of the lawful existence of the corporation.
Outcome
The prayer of Count I to set aside the original incorporation of the Village of Champ is denied. With reference to Count II, the annexation to the Village of Champ is set aside and the Village of Champ is ousted from that area. Respondent trustees are ousted from exercising any authority over that area in their capacity as trustees of the Village of Champ.
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