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FIX v. CITY OF EDEN

No. COA04-1642.

622 S.E.2d 647 (2005)

Preston FIX and wife, Carmen J. Fix, Carl E. Grohs and wife, Betty R. Grohs, James H. Kendrick and wife, Judith Marie Kendrick, and Raymond C. Sharrow and wife, Virginia K. Sharrow, Petitioners v. CITY OF EDEN, Respondent.

Court of Appeals of North Carolina.

December 20, 2005.

Attorney(s) appearing for the Case

Eldridge Law Firm, P.C., by James E. Eldridge, Wilmington, for petitioners-appellees.

Medlin Law Office, by Thomas E. Medlin, Jr., Eden, for respondent-appellant.

CALABRIA, Judge.

The City of Eden (the "City") appeals from a judgment of the trial court declaring an annexation ordinance null and void. We remand to the trial court for proceedings not inconsistent with this opinion.

On 28 April 2003, the City of Eden adopted a resolution stating an intention to consider annexation of the Indian Hills area. The City adopted an annexation report on 14 May 2003 and an annexation...

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