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Anne Arundel County et al. v. City of Annapolis et al. No. 47, September Term, 1998 The annexation of an area by the City of Annapolis, which left a portion of "fast land" in Anne Arundel County separated from the rest of the County's fast land by waterways on three sides and the City of Annapolis on the other, did not violate Maryland Code (1957, 1998 Repl. Vol.), Article 23A, section 19(a)(2), because, under the plain meaning of the statute and pursuant to its legislative history, only annexations that would create an unincorporated area completely surrounded by an incorporated municipality are prohibited. Additionally, because the waters surrounding the unincorporated County area are, subject to federal and state preemption, within the County's jurisdiction, and because the unincorporated area remains contiguous to the County, no enclave as contemplated by the statute has been created.

Circuit Court for Anne Arundel County Case # C-9736303 OC

IN THE COURT OF APPEALS OF MARYLAND No. 47 September Term, 1998

ANNE ARUNDEL COUNTY, MARYLAND et al.

v.

CITY OF ANNAPOLIS et al.

Bell, C.J. Eldridge Rodowsky Chasanow Raker Wilner Cathell, JJ.

Opinion by Cathell, J.

Filed: December 10, 1998

In this case we are called upon to determine whether an annexation by the City of Annapolis, which left an area of Anne Arundel County separated from the rest of the County by waterways on three sides and the City of Annapolis on the other, violated Maryland Code (1957, 1998 Repl. Vol.), Article 23A, section 19(a)(2), because it created the type of enclave prohibited by that statute. We hold that under the plain meaning of the statute, the annexation by the City of Annapolis did not create a prohibited enclave because it did not create an unincorporated area completely surrounded by the City of Annapolis. Accordingly, we shall affirm the judgment of the trial court. I. Facts and Procedural History The City of Annapolis (City of Annapolis or Annapolis) sits on a peninsula called the Annapolis Neck. On the easterly edge of the Annapolis Neck is the Chesapeake Bay and on the northern and southern boundaries of the neck are the Severn and South Rivers. Most of Annapolis is located along the peninsula's northeastern edge, off of the Severn River. Creeks, inlets, and coves pierce the body of the peninsula, creating other smaller peninsulas and projections of land. Farmers National Land Corporation (Farmers) owns a 103.647 acre tract of land in Anne Arundel County (Chrisland property) situated between Annapolis and one of the southerly smaller peninsulas that branches out from the main peninsula. That smaller peninsula is bounded by the South River, Church Creek, and Crab Creek and is referred to as the Bywater Road Peninsula or Bywater Peninsula. (Chrisland) is the contract purchaser of this tract of land. The Chrisland Corporation

On May 9, 1995, Farmers and Chrisland petitioned the City of Annapolis to annex the Chrisland property and include it within the boundaries of Annapolis. On November 4, 1996, the City Council adopted a resolution annexing this property, effective December 19, 1996. The result of the annexation was to extend the city's boundary into the upper portion of the Bywater Peninsula, leaving the lower portion of the peninsula beyond the new city boundary remaining under Anne Arundel County (County) jurisdiction. The non-annexed portion on the lower southern end of the Bywater Peninsula is now bounded by the newly annexed part of Annapolis to the north and on all other sides by the waters of the South River and Church and Crab Creeks, all of which are within Anne Arundel County. These waterways are not within the corporate boundaries or limits of the City of Annapolis. Thus, because of the annexation, a portion of County "fast" land is separated from the rest of "fast" land areas of the County. The County, the original plaintiff below, and Intervenor-Plaintiffs Diana H. Josephson, the Bywater Church and Crab Creek Association, Barbara Samorajczyk, and the Annapolis Neck Peninsula Federation, appellants, brought suit against the City of Annapolis, Farmers, and Chrisland, appellees, in the Circuit Court for Anne Arundel County seeking a declaratory judgment and other relief. Appellants challenged the annexation at issue as creating an enclave prohibited under Maryland Code (1957, 1998 Repl. Vol.), Article 23A, section 19(a)(2).1

1

All statutory references shall be to Article 23A, section 19(a)(2), unless otherwise (continued...)
-2-

After a hearing on cross-motions for summary judgment, in a written opinion and order docketed October 29, 1997, the circuit court found that Annapolis's annexation of the Chrisland property did not create a prohibited enclave and granted appellees' motions for summary judgment. The County filed a timely appeal to the Court of Special Appeals on November 25, 1997, and the remaining appellants filed their appeal on November 26, 1997. Appellee City of Annapolis filed a cross-appeal on December 3, 1997.2 This Court issued a writ of certiorari on its own motion before the intermediate appellate court heard arguments on the matter in order to address the important issues raised by this appeal. Appellants present the following question for our review: Should the legislature's intent govern interpretation of Article 23A,

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