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FOOD TOWN STORES, INC. v. CITY OF SALISBURY

No. 21.

265 S.E.2d 123 (1980)

300 N.C. 21

FOOD TOWN STORES, INC., Petitioner, v. CITY OF SALISBURY, Respondent. BRAD RAGAN, INC., Petitioner, v. CITY OF SALISBURY, Respondent. BRAD RAGAN REALTY COMPANY, Petitioner, v. CITY OF SALISBURY, Respondent. B. V. HEDRICK GRAVEL AND SAND COMPANY, Hedrick Realty and Investment Company, and 601 Industrial Development Corporation, Petitioners, v. CITY OF SALISBURY, Respondent.

Supreme Court of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Shuford & Caddell, Thomas M. Caddell and Dwight L. Crowell, III, Salisbury, for Food Town Stores, Inc., petitioner.

Clarence Kluttz and Malcolm B. Blankenship, Jr. of Kluttz & Hamlin, Salisbury, for Brad Ragan, Inc., Brad Ragan Realty Co., B. V. Hedrick Gravel and Sand Co., Hedrick Realty and Inv. Co., and 601 Indus. Development Corp., petitioners.

Margaret R. Short, City Atty., H. Michael Boyd of Constangy, Buckley & Boyd, Charlotte, for City of Salisbury, respondent.

HUSKINS, Justice:

In the review proceedings below, petitioners challenged the validity of an annexation ordinance adopted by the City of Salisbury on 27 June 1978 as the culmination of simultaneous annexation proceedings held pursuant to the terms of G.S. 160A-45, et seq. Only one of the two areas annexed, Area A, was the subject of the review proceeding.

On its face, the record of the annexation proceedings submitted by the City in Superior Court demonstrated...

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