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TOWN OF HAZELWOOD v. TOWN OF WAYNESVILLE

No. 43PA87.

357 S.E.2d 686 (1987)

320 N.C. 89

TOWN OF HAZELWOOD v. TOWN OF WAYNESVILLE.

Supreme Court of North Carolina.

July 7, 1987.

Attorney(s) appearing for the Case

Haire & Bridgers, P.A. by R. Phillip Haire and James M. Spiro, Sylva, and Timothy Finger, Waynesville, for plaintiff-appellee.

Smith, Bonfoey & Queen by Michael Bonfoey and Frank G. Queen, Waynesville, for defendant-appellant.

WHICHARD, Justice.

This appeal involves an interpretation of the North Carolina statutes governing annexation of unincorporated areas by municipalities. Specifically, the question is which of two municipalities simultaneously attempting to annex the same territory—one by voluntary means under N.C.G.S. 160A-31, the other by involuntary means under N.C.G.S. 160A-37—has the statutory right to complete annexation. The answer lies in

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