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TOWN OF SPENCER v. TOWN OF EAST SPENCER

No. COA97-904.

501 S.E.2d 367 (1998)

TOWN OF SPENCER, Plaintiff-appellee, v. TOWN OF EAST SPENCER, Mayor Ronnie Rollings, Naomie Cowan, Thomas Mitchell, John G. Noble, III, John R. Rustin, Sr., Chris Sharpe and David R. Wray, Aldermen, and Diana Williams Cotton, Interim Town Administrator, Defendants-appellants.

Court of Appeals of North Carolina.

June 16, 1998.

Attorney(s) appearing for the Case

Ferguson and Scarbrough, P.A. by James E. Scarbrough, Concord, for defendants-appellants.

Parker, Poe, Adams & Bernstein, L.L.P. by Anthony Fox, Charlotte, for plaintiff-appellee.

WYNN, Judge.

In City of Raleigh v. R.R. Co., 275 N.C. 454, 464, 168 S.E.2d 389, 396 (1969), our Supreme Court held that construction of a proposed but not yet enacted ordinance presents no justiciable controversy under the Declaratory Judgment Act. In this case, the Town of Spencer sought a Declaratory Judgment to declare void the Town of East Spencer's Resolution of Intent to annex property...

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