Highwoods Properties, Inc., et al. v. City of Memphis

This appeal involves the second case filed by the appellants to challenge an annexation ordinance. Previously, the appellants filed a quo warranto action seeking to have the annexation ordinance declared null and void on various grounds. Other landowners had previously filed quo warranto actions that were consolidated and still pending, and the appellants sought to consolidate their action with the others. The trial court held that the appellants’ quo warranto action was not timely filed, and accordingly dismissed it. On appeal, this Court affirmed. The consolidated quo warranto proceedings concluded with a consent order approving the reasonableness of the annexation ordinance, but providing that the annexation would take place in two phases. The appellants then filed the present action seeking a declaration that the annexation accomplished through the consent order was procedurally invalid and unconstitutional. The trial court dismissed the appellants’ complaint for failure to state a claim upon which relief could be granted. We affirm.