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HAYES v. TOWN OF FAIRMONT

No. COA97-1440.

502 S.E.2d 380 (1998)

William A. HAYES, Robert O. Floyd, Robert O. Floyd, III, Jimmy Dane Ammons, Teresa Turner Ammons, Glenn S. McPhatter, Jo Ann Smith, Jimmy Bain Smith, Ruby Norris Smith, Amy S. Bass, Ella Mae Wallace, Frances Johnson Clonch, Connie Wheeler Brooks, James C. Capps, Jr., Wendy Lou Capps, Robert L. Capps, Beverly Marks Capps, Thomas M. Lewis, Shirley R. Lewis, C.M. Ivey, Gladys S. Ivey, D. Jeffrey Rogers, Kay Rogers, Carolyn Britt, Bobby Britt, A. Allen Fowler, III, Carl Scott, Myrtle Rose Scott, Rita Scott Pridgen, Richard Pridgen, Nancy Dickens, Nancy Ivey Marks, Belinda Smith, Robbie Lynn Smith, Chandos Smith, Kathryn Bassett, Wayne Floyd, Charles Callahan, A.B. Stubbs, Rebecca M. Stubbs, Alex B. Stubbs, III, Shirley F. Jenkins, Petitioners, v. TOWN OF FAIRMONT, Respondent.

Court of Appeals of North Carolina.

July 7, 1998.

Attorney(s) appearing for the Case

Shipman & Associates, L.L.P. by C. Wes Hodges, II, Wilmington, for petitioners-appellants.

Floyd & Floyd by Charles E. Floyd, Fairmont, for respondent-appellee.

GREENE, Judge.

William A. Hayes, et al. (collectively, petitioners) appeal from an order of the trial court dismissing the petition of the petitioners for lack of jurisdiction.

The facts in this case are as follows: In 1995, the Town of Fairmont (Fairmont), the respondent in this case, with a population of less than 5,000, began consideration for the annexation of four unincorporated portions of Robeson County and had preliminary annexation reports...

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