KEGLEY v. CITY OF FAYETTEVILLE

No. COA04-1123.

613 S.E.2d 696 (2005)

Keith KEGLEY, and Kimber Kegley, Cecil Hammonds, and Maggie Hammonds, and Chadwick J. McKeown, Petitioners, v. The CITY OF FAYETTEVILLE, a North Carolina Municipality, Respondent.

Court of Appeals of North Carolina.

June 7, 2005.


Attorney(s) appearing for the Case

Parker, Poe, Adams, & Bernstein, L.L.P., by R. Bruce Thompson II, and Anthony Fox, Charlotte; and City Attorney Karen M. McDonald, Fayetteville, for respondent appellee.

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

Andrew L. Romanet, Jr., and Gregory F. Schwitzgebel, III, Raleigh, for North Carolina League of Municipalities, Amicus Curiae.


McCULLOUGH, Judge.

Petitioner appellants appeal from an order granting respondent's motion to dismiss. On 24 November 2003, the City of Fayetteville adopted an ordinance annexing approximately 28 square miles of land and over 40,000 residents. The annexation was to become effective on 30 June 2004. In North Carolina, an owner of annexed property can seek judicial review if he or she files a 2 petition "[w]ithin 60 days following the passage of an annexation ordinance...

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