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GATES FOUR HOMEOWNERS ASSOCIATION, INC. v. CITY OF FAYETTEVILLE

No. COA04-1202.

613 S.E.2d 55 (2005)

GATES FOUR HOMEOWNERS ASSOCIATION, INC., a North Carolina Non-Profit Corporation, et al., Petitioners, v. CITY OF FAYETTEVILLE, a North Carolina Municipality, Respondent Appellee.

Court of Appeals of North Carolina.

June 7, 2005.

Attorney(s) appearing for the Case

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

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

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

McCULLOUGH, Judge.

Proposed intervenors appeal from the trial court's order denying its motion to intervene in the proceedings involving the review of an annexation ordinance. On 24 November 2003, the City of Fayetteville adopted an ordinance annexing approximately 28 square miles and over 40,000 residents of Cumberland County. The annexation was to become effective on 30 June 2004. In North Carolina, an owner of annexed property can seek judicial review if the owner...

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