Clearfield City Attorney Larry Waggoner says he will not appeal a 2nd District Court ruling allowing Layton to annex 73 acres between the two communities.

Last June Layton annexed the land, which is to be developed as a housing project. Clearfield challenged Layton's actions, saying it violated a 1979 agreement between the two cities to prevent annexation wars.Waggoner then asked 2nd District Judge Rodney Page to bar Layton's action, claiming the agreement required both city councils to approve any annexation of lands between their boundaries.

But Page ruled that the 9-year-old agreement, "insofar as it attempted to bind successor councils of either city to limitation of their discretion in zoning decisions, is void."