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AKERS v. CITY OF MOUNT AIRY

No. COA05-140.

625 S.E.2d 145 (2006)

Aaron and Lois A. AKERS, et al., Petitioners, v. CITY OF MOUNT AIRY, a North Carolina Municipal Corporation, Respondent.

Court of Appeals of North Carolina.

February 7, 2006.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, by James R. Morgan, Jr. and Roddey M. Ligon, Jr.; and Edwin M. Woltz, Winston-Salem, for petitioners-appellants.

Tharrington Smith, L.L.P., by Michael Crowell and Kristopher B. Gardner; and Gardner, Gardner & Campbell, P.L.L.C., Raleigh, by Hugh B. Campbell, III, for respondent-appellee.

GEER, Judge.

Petitioners, owners of land subjected to annexation by the City of Mount Airy, appeal a superior court order remanding the annexation ordinance to the Mount Airy Board of Commissioners for amendment to conform the boundaries of the annexation area to the requirements of N.C. Gen.Stat. § 160A-48(c)(3) (2005). Because the superior court order does not dispose of the case, but rather requires further proceedings, it is interlocutory. Petitioners have...

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