Court upholds denial of Olive Branch annexation

Key Points

• The Mississippi Supreme Court affirmed a lower court’s decision to deny the City of Olive Branch’s request to annex two vacant parcels of land.
• The court ruled 4-2 that the annexation was unreasonable based on several factors, including speculative development plans and jurisdictional confusion.
• Olive Branch Mayor Ken Adams criticized the ruling, noting the request originated from the landowners themselves for better municipal services.

OLIVE BRANCH, Miss. — The Mississippi Supreme Court has dealt a final blow to the City of Olive Branch’s efforts to expand its borders, upholding a lower court’s denial of two annexed land parcels.

In a decision handed down Feb. 26, the high court affirmed the DeSoto County Chancery Court’s 2024 judgment that the proposed annexation of 80 acres near Pleasant Hill Road and land around the Interstate 269 interchange was unreasonable.

Justice Ishee, writing for the majority, noted that the chancery court’s findings were supported by “substantial credible evidence”. The ruling specifically targeted Tract 2 and Tract 3, both of which are currently vacant and uninhabited.

High court blocks Olive Branch expansion

The legal battle stemmed from a December 2022 ordinance adopted by the City’s Board of Aldermen after being approached by the Bridgforth and Funderburk families, who sought municipal services for future developments. However, the court found that because the City is already obligated to provide water, gas, and sewer to these certificated areas, annexation offered little immediate benefit.

Furthermore, the court cited “jurisdictional confusion,” noting that the only access roads would require multiple crossings between City and county territories, potentially complicating emergency responses.

Mayor reacts to ‘perplexing’ decision

Olive Branch Mayor Ken Adams expressed sharp disappointment with the court’s intervention in a voluntary request.

“While I completely respect the decision of the State Supreme Court and honor their split vote decision, it is almost un-American to not allow a property owner who approached the City of Olive Branch and requested to be voluntarily annexed into the city to not be allowed to do so,” Adams said.

The mayor emphasized that the land has no current residents and that the landowners specifically sought the City’s Class 4 fire rating.

“It is a unique time in America where courts deny a landowner a request like this,” Adams said. “For a person with vacant land to be denied their request is very perplexing.”

Totality of circumstances

The court’s decision was influenced by the City’s recent history, specifically a 2021 expansion that added nearly 20 square miles to Olive Branch. The chancellor noted that the City is still implementing services for that massive area and that current growth has slowed, with a decline in new residential building permits over the last three years.

Justice Griffis, joined by Justice Branning, dissented, arguing that the decision to pursue annexation is an “exclusively legislative function” and that the court’s focus on the timing of the request was an encroachment on the authority of the Board of Aldermen.