Does a city need to seek approval of a vote of only the residents of the affected municipality?

California, United States of America


The following excerpt is from Citizens Against Forced Annexation v. Local Agency Formation Com., 187 Cal.Rptr. 423, 32 Cal.3d 816, 654 P.2d 193 (Cal. 1982):

Murphy v. Kansas City, Missouri (W.D.Mo.1972) 347 F.Supp. 837, upheld a provision of the Missouri Constitution which permitted a city to annex unincorporated territory by amending its charter, an action which required approval of only city voters.

Moorman v. Wood (D.Ky.1980) 504 F.Supp. 467 involved a statute which provided that if a portion of a city seeks to leave that city and join a neighboring municipality, the issue is submitted to a vote of residents of only the affected territory (excluding other residents in both the annexing city and the source city). Reviewing the divisive controversy which led to adoption of this statute, the court upheld it on both the rational relationship and compelling state interest tests.

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