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HOME BUILDERS ASS'N v. CITY OF FAYETTEVILLE

No. COA04-1108.

613 S.E.2d 521 (2005)

HOME BUILDERS ASSOCIATION OF FAYETTEVILLE NORTH CAROLINA INC., James Edward Graves, Jim Graves & Associates, Inc., John McNatt Gillis, Gillis Development Corporation, Inc., et al., Petitioner Appellants, v. CITY OF FAYETTEVILLE, Respondent Appellee.

Court of Appeals of North Carolina.

June 7, 2005.

Attorney(s) appearing for the Case

Garris Neil Yarborough, Fayetteville, for petitioner appellants.

Parker, Poe, Adams, & Bernstein, by Anthony Fox and Brenton W. McConkey; and City Attorney Karen M. McDonald, Charlotte, for respondent appellee.

General Counsel Andrew L. Romanet, Jr., and Senior Assistant General Counsel Gregory F. Schwitzgebel, III, for Amicus Curiae North Carolina League of Municipalities.

McCULLOUGH, Judge.

Petitioners appeal from an order granting respondent's motion to dismiss and an order denying petitioners' motion to intervene. On 24 November 2003, the City of Fayetteville adopted an annexation ordinance that was to become effective on 30 June 2004. In North Carolina, an owner of annexed property may seek judicial review of an annexation if he or she petitions "[w]ithin 60 days following the passage...

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