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CAPPS v. CITY OF KINSTON

No. COA10-1477.

715 S.E.2d 520 (2011)

Mark E. CAPPS and wife, Paula L. Capps; Robert B. Dawson; Floyd D. Loftin, Jr. and wife, Kathy T. Loftin; Mamie S. O'Neal; Stewart W. Smith and wife, Eva H. Smith, and Michael J. Ward and wife, Linda H. Ward, Petitioners-Appellants, v. CITY OF KINSTON, Respondent-Appellee.

Court of Appeals of North Carolina.

August 16, 2011.

Attorney(s) appearing for the Case

Eldridge Law Firm, PC, Wilmington, by James E. Eldridge , for Petitioners-Appellants.

Rose Rand Wallace Attorneys, P.A., by James P. Cauley, III , Wilson, Kimberly Connor Benton , and J. Brian Pridgen , for Respondent-Appellee.

McGEE, Judge.

The City of Kinston (Respondent) adopted a resolution on 17 September 2007, stating its intention to consider annexation of 501.45 acres of real property in Lenoir County, North Carolina (the Annexation Area). Respondent adopted a resolution of intent on 22 January 2009 "to consider annexing the Annexation Area and fixing the dates of the public informational meeting and public hearing." Respondent adopted...

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