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Box 49 FhJ- A P R 211982 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA. CASE NO.; 82-75 INDIAN RIVER COUNTY 2�712223ZQ (A Political subdivision of the State of Florida) ppR 19a2Ir Petitioner, VS. CR t Attoiae7 t e. an 9 C� C. Office �1 THE CITY OF SEBASTI17: (A Municipal Corporation �s0�68 L 9 of the State of Florida) Respondent. O R D E R Petitioner, Indian River County, brought a certiorari action in Circuit_Court seeking review of the adoption of Ordinance 81-27 City of Sebastian stating that it violated § 171.044 Florida Statutes. Defendant contends that there is no violation of Florida Statutes because their city council determined that a "substantial part" of the boundary was contiguous to the city limits and as a question of fact should be upheld. Also, the determination of whether the area annexed is "reasonab`ly compact" is a'question to be determined by the city council. Section 171.044 Florida Statutes (1979) (1) The owners of real property in an unincorporated area of a county which is contiguous'to a municipality and reasonably compact may.petition the governing body of said municipality that said property be annexed to the municipality. The statute specifically defines the following term. Section 171.031: (11) "Contiguous" means that a substantial part of a boundary of a territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality ..(Coterminous means having a common boundary - '-Black's) Exhibit "A" attached and made part of this Order appears to show this Court exactly what the legislature seeks to prevent. To comply with the Statute the parcel annexed must have a substantial part of the boundary touching the boundary line of the