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HUMPHRIES v. CITY OF JACKSONVILLE

No. 55.

265 S.E.2d 189 (1980)

300 N.C. 186

Ray HUMPHRIES, Jr.; C. Knox Council; Tommy O. Holmes and Shirley Holmes; Ivan N. Reiner and Junsun Reiner; Joe Corbin and Mary Lou Corbin; James R. Williams and Alberta Williams; Sylvester Howard and Cornelius Howard; Charles E. Labby, Jr.; Lester May; Charles W. Counts and Thelma Counts; Noel Rogers and Diane Rogers; Melvin Voight and Gloria Voight; George G. Patrick; Ada Lassiter and Richard Lassiter, on behalf of himself and as President of the Brynn Marr/College Park Citizens Association, on behalf of all members of the Brynn Marr/College Park Citizens Association, an Association of residents opposing annexation into the City of Jacksonville v. CITY OF JACKSONVILLE, North Carolina; W. Bruce Teachey; A. D. Guy; George L. Jones; M. C. Choate; Joe T. Morgan; and James L. Pennington.

Supreme Court of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Burney, Burney, Barefoot & Bain by Michael R. Mitwol, Wilmington, for petitioners-appellants.

Warlick, Milsted, Dotson & McGlaughon by Marshall F. Dotson, Jr., Jacksonville, for respondents-appellees.

COPELAND, Justice.

G.S. 160A-38(h), as amended in 1977, provides that the appeal in annexation cases involving cities of less than 5,000 people is to the Court of Appeals. G.S. 160A-50(h) presently provides that the appeal in annexation cases involving cities of 5,000 or more people is to this Court. Therefore, petitioners properly appealed directly to this Court.

Review in the superior court and appeal to the appellate division in annexation cases are governed...

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