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TOWN OF HUDSON v. CITY OF LENOIR

No. 104.

181 S.E.2d 443 (1971)

279 N.C. 156

TOWN OF HUDSON v. CITY OF LENOIR. ATLANTIC INVESTMENT COMPANY, Inc. et al. v. TOWN OF HUDSON, a Municipal Corporation and City of Lenoir, a Municipal Corporation.

Supreme Court of North Carolina.

June 10, 1971.

Attorney(s) appearing for the Case

West & Groome, by H. Houston Groome, Jr., Lenoir, for appellant Town of Hudson.

Ervin, Horack & McCartha, by C. Eugene McCartha, Charlotte, associated on the brief for appellant Town of Hudson.

Norwood Robinson of Hudson, Petree, Stockton, Stockton & Robinson, Winston-Salem, for plaintiff appellees, Atlantic Investment Company, Inc. and others.

Carpenter & Bost, by W. T. Carpenter, Jr., Lenoir, for defendant appellee, City of Lenoir.

HUSKINS, Justice:

Hudson contends it acquired prior and exclusive jurisdiction to annex the disputed area because it was first to pass a resolution of intent to annex the Joyceton area and Lenoir could not therefore proceed with voluntary annexation. Hudson relies on the majority rule stated in 2 McQuillin, Municipal Corporations (3d Ed., 1966), § 7.22a, which reads in pertinent part, as follows:

"The rule that among separate equivalent proceedings relating...

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