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CAROLINA POWER v. CITY OF ASHEVILLE

No. 631A03.

597 S.E.2d 717 (2004)

358 N.C. 512

CAROLINA POWER & LIGHT COMPANY v. The CITY OF ASHEVILLE.

Supreme Court of North Carolina.

June 25, 2004.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Larry S. McDevitt and Craig D. Justus, Asheville, for plaintiff-appellant.

Robert W. Oast, Jr. and William F. Slawter, Asheville, for defendant-appellee.

LAKE, Chief Justice.

This case concerns legislative policy and procedure as it relates to undeveloped land desired to be annexed by a municipal governing board, pursuant to N.C.G.S. § 160A-48 which defines the "character" of an area to be annexed. Specifically, the issue before this Court on appeal is the proper interpretation of the exception set forth in N.C.G.S. § 160A-48(d)(2) as it relates to areas of land that are not developed for urban purposes,...

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