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USCS v. CITY OF LUMBERTON

No. COA02-516.

576 S.E.2d 415 (2003)

UNITED STATES COLD STORAGE, INC., Petitioner, v. CITY OF LUMBERTON, Respondent.

Court of Appeals of North Carolina.

March 4, 2003.

Attorney(s) appearing for the Case

The Brough Law Firm, by Robert E. Hornik, Jr., Chapel Hill, for petitioner-appellant.

Holt, York, McDarris & High, L.L.P., by Charles F. McDarris, Raleigh, and Lumberton City Attorney Albert M. Benshoff, Lumberton, for respondent-appellee.

MARTIN, Judge.

Petitioner United States Cold Storage ("USCS") appeals from an order and judgment denying its petition challenging an involuntary annexation ordinance adopted by respondent City of Lumberton ("Lumberton").

The record indicates that USCS owns an unsubdivided 133-acre tract of land in Robeson County, approximately 28.5 acres of which is occupied by a cold storage facility for food products and supporting facilities such as loading docks, a parking...

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