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BALI CO. v. CITY OF KINGS MOUNTAIN

No. COA98-388.

517 S.E.2d 208 (1999)

BALI COMPANY, a division of Sara Lee Corporation; Commercial Intertech Corporation; Firestone Fibers and Textiles Company, a division of Bridgestone/Firestone, Inc.; H & W Systems Corporation d/b/a Turbo Conveyor; and Metal Fabricating Leasing, Inc., Petitioners, v. CITY OF KINGS MOUNTAIN, N.C., Respondent. Bali Company, a division of Sara Lee Corporation, Petitioner, v. City Of Kings Mountain, N.C., Respondent.

Court of Appeals of North Carolina.

July 20, 1999.

Attorney(s) appearing for the Case

Kilpatrick Stockton, L.L.P., by Jackson N. Steele, Charles H. Rabon, Jr. and Spencer H. Kelly, Charlotte, for petitioner-appellants.

Corry, Cerwin & Luptak, by Clayward C. Corry, Jr. and Todd R. Cerwin, Kings Mountain, for respondent-appellee.

JOHN, Judge.

Petitioners appeal the trial court's essentially identical judgments "denying the[ir] petition seeking review of annexation and affirming the Annexation Ordinance" (the Ordinance) adopted by the Governing Board of respondent City of Kings Mountain (the City). According to petitioners, the trial court erred in that: 1) annexation Area 97-A (Area 97-A) was not "developed for urban purposes" as defined in N.C.G.S. § 160A-48(c)(1994), 2) the City failed...

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