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HAYES v. TOWN OF FAIRMONT

No. COA03-1562.

605 S.E.2d 717 (2004)

William A. HAYES, Lanness K. McKee and wife, Ann McKee, Jimmy Smith and wife, Ruby Smith, Jo Ann Smith, Amy Smith, Sam Tedder and wife, Ann Tedder, Fran J. Coleman, Robert Capps and wife, Beverly Capps, Thomas Lewis and wife, Shirley Lewis, C.M. Ivey and wife, Gladys Ivey, Allen Fowler, III, Robert Floyd, III and wife, Beth Floyd, Barbara Smith, Charles Callahan, A.B. Stubbs and wife, Rebecca Stubbs, Fairmont Golf Club, Inc., Petitioners, v. TOWN OF FAIRMONT, Respondent.

Court of Appeals of North Carolina.

December 21, 2004.

Attorney(s) appearing for the Case

C. Wes Hodges, II, P.L.L.C., by C. Wes Hodges, II, Wilmington, for petitioner-appellants.

Charles E. Floyd, Fairmont, for respondent-appellee.

THORNBURG, Judge.

This is an appeal brought pursuant to N.C. Gen.Stat. § 160A-38 (2003) for judicial review of an ordinance of the Town of Fairmont ("Town") to annex into its corporate limits the Golf Course Road area.

The facts pertinent to this appeal are as follows: The Town Council of Fairmont, a municipal corporation with a population of less than 5,000, identified an area known as the Golf Course Road...

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