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ANTHONY v. CITY OF SHELBY

No. COA01-1164.

567 S.E.2d 222 (2002)

Ted ANTHONY, Cline W. Borders, and wife, Doris B. Borders, Arneitha Brooks, Robert G. Carney, and wife, Wilma J. Carney, William Carter, and wife, Shirley M. Carter, Robert Roy Francis, and wife, Iris F. Francis, John T. Gold, and wife, Ann C. Gold, Jackie W. Hawk, Geraldine M. Hawk, Thomas M. Hawk, Maxine Haynes, Jasmane Hopper, Latonia Hopper, Bobby R. Horton, Sr, and wife, Ruth V. Horton, Vincent Huskey, and wife, Robin Huskey, Rodney M. McGee, and wife, Peggy Ann McGee, Petitioners, v. CITY OF SHELBY, and Michael Dale Philbeck (Mayor), Kevin Kirk Allen, Betsy Huddle Fonvielle, Robert Still, Ralph Lane Gilbert, III, Andrew Leonard Hopper, Sr., and Samuel A. Raper, in their capacity as members of the Council of the City of Shelby, Respondents.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Deaton & Biggers, P.L.L.C., by W. Robinson Deaton, Jr., and Brian D. Gulden, Shelby, for petitioner-appellants.

The Brough Law Firm, by Michael B. Brough, Chapel Hill, for respondent-appellee City of Shelby.

MARTIN, Judge.

Petitioners appeal the trial court's order affirming five annexation ordinances adopted by respondent City of Shelby (hereinafter "the City") on 20 April 2000. For reasons set forth herein, we affirm.

Briefly summarized, the record discloses that on 7 December 1998, the Shelby City Council adopted "A Resolution of Consideration for Future Annexation Actions by the City of Shelby." In this resolution, the area identified as the area of consideration...

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