City of Marion, Arkansas, Charles Eugene Miller, Iii, Elizabeth Vh Miller and Christopher B. Miller v. City of West…

Summary

The court affirmed declaratory judgment determining that the uncontested 3360 acres became part of West Memphis after its annexation election. It held that res judicata did not bar West Memphis's challenge because the earlier litigation concerned different acreage, and that the inclusion of the separately annexed 2340 acres did not make the election void because it did not prevent voters from casting free and intelligent votes. The court also held that the Millers were required to use the statutory detachment procedure before annexing their land into Marion. No separate opinions were filed.