Corp. v. Lembke

Summary

The court held that the statutory procedure for including territory in a special district requires assent from all owners of the surface property being added and applies only when that surface property can be served by the district. Owners and lessees of severed subsurface mineral estates need not consent because those estates are not territory for purposes of the inclusion procedure. The court affirmed the judgment below on different grounds and remanded for consideration of any remaining issues. Justice Gabriel, joined by Justices Boatright and Samour, dissented, contending that the majority decided an issue outside the questions presented and that the statute did not permit the surface owners to include the lessees' property interests without notice or consent.