In re The incorporation of Caritas VillageAnnotate this Case
In order to meet the 300 inhabitants required for incorporation under section 11-41-1, the petitioners included 51 people actually living in Caritas Village along with 296 people who had declared that they have designated Caritas Village as their place of residence pursuant to 12-13-23, Ala. Code 1975. The probate court determined that: (1) the proposed municipality had a population of less than 300; (2) the population of the proposed municipality did not constitute a body of citizens whose residences were contiguous and formed a homogeneous community; (3) the application was not signed by at least 15 percent of the qualified electors residing within the municipality limits; (4) there were not 4 qualified electors residing on each quarter of a quarter section of the platted or unplatted lands; (5) the application did not contain an accurate plat of the land to be included within the proposed corporate limits; (6) the place of residence by street and number of those living within the proposed municipality was not included; and (7) the petition did not accurately state the name of the proposed municipality. The issue before the Supreme Court was whether the probate court erred in its determination, and whether the declarations of residency were indeed sufficient under 11-41-1. After careful consideration of the probate court record, the Supreme Court concluded petitioners' declarations were not sufficient to meet the statute's requirements, and therefore affirmed the probate court's decision.