in Mississippi

Though a dissenting opinion like this one is not controlling law, it does show that the court was
far from unanimous in rendering its decisions; the reasoning in such dissents can sometimes lead
to a later court altering the case law landscape on certain issues.
Municipal officials have become much more vocal in opposition to members of boards of
supervisors who oppose annexations. The political reality often is that there are many more
voters adversely affected by supervisors’ opposition to annexation than are aided. Municipal
residents pay county taxes. Many resent county government using their tax money against
municipalities. The Supreme Court recognized that citizens of the municipality unhappy with the
actions of any of the governmental bodies litigating annexations, may find a remedy in the
political and not the legal process.” In fact opposition to annexations was a factor in the defeat of
a number of incumbents during the most recent elections.
School Issues
As the Supreme Court noted one of the reasons that Harrison County asserted for opposing the
Gulfport and Biloxi annexations was the potential impact on county schools. This is no longer a
real issue in annexation.
Prior to 1986 state law provided that with regard to cities with a municipal school district, the
boundaries of a school district automatically changed when the city annexed. 23 In 1986 the
legislature repealed this legislation. Under the new legislative scheme, annexations no longer
impact school district lines. Because, however, the change had voting implications, the
preclearance was required under the Voting Rights Act of 1965.
Initially the Justice Department rejected the change. Years of litigation ensued with the federal
courts ultimately holding the repeal of the automatic expansion of municipal school lines upon
annexation was unenforceable. Following the litigation, however, the repeal was ultimately
precleared. The relationship between annexation and school district lines is now a thing of the
past. 24
Jurisdiction Over Roads and Streets
The question frequently arises as to who has jurisdiction over public roads and streets in areas
annexed by a city. On annexation jurisdiction over public roads and the obligation of
maintenance becomes a municipal responsibility. 25
Utility Districts
Certain counties have challenged municipal annexation based on county utility districts created
under certain, specific Local & Private Legislation which provides that no city may annex any
portion of the utility district unless that city annexes the entire district. Some trial courts have
held these provisions to be unconstitutional as applied. The Supreme Court has not yet dealt with
this issue in Mississippi.
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