MUNICIPAL CORPORATIONS--ANNEXATION-VIOLATION OF DUE PROCESS

Authors

Joseph M. Kortenhof S.Ed., University of Michigan Law SchoolFollow

Abstract

The City of Silver Grove brought a proceeding to incorporate within its boundaries a parcel of defendant railroad's land under a general law of annexation. It was shown that the land sought to be annexed contained nothing but switchyards, roundhouses, refrigeration plants and other facilities designed exclusively for railroad purposes. It was further shown that the city could make no use of the land nor could it benefit the land in any way since the railroad had complete electrical, sanitation and police facilities. Defendant railroad entered a remonstrance to which the city generally demurred. The trial court sustained the demurrer. On appeal, held, reversed. Annexation of land by the municipality constitutes a violation of the state due process clause because in essence it is nothing more than a device to tax the defendant railroad and thereby benefit the taxpayers of the city at the defendant's expense. Chesapeake and Ohio Ry. Co. v. City of Silver Grove, (Ct. App. Ky. 1952) 249 s.w. (2d) 520.

Recommended Citation

Joseph M. Kortenhof S.Ed., MUNICIPAL CORPORATIONS--ANNEXATION-VIOLATION OF DUE PROCESS, 51 Mich. L. Rev. 445 (1953).
Available at: https://repository.law.umich.edu/mlr/vol51/iss3/14