TOWN OF SPENCER v. TOWN OF EAST SPENCER

No. 285PA98.

522 S.E.2d 297 (1999)

351 N.C. 124

TOWN OF SPENCER 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.

Supreme Court of North Carolina.

December 3, 1999.


Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, L.L.P., by Anthony Fox and Jason J. Kaus, Charlotte, for plaintiff-appellant.

Ferguson and Scarbrough, P.A., by James E. Scarbrough, Concord, for defendant-appellees.


LAKE, Justice.

The issues raised here on review require the interpretation of the North Carolina statutes and case law governing involuntary annexation of unincorporated areas by municipalities. Specifically, the issues are whether the question of priority between two competing municipalities is a "justiciable controversy" under the Declaratory Judgment Act and whether the inclusion of territory within the boundaries of...

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