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TOWN OF VALDESE v. BURKE, INC.

No. COA96-471.

482 S.E.2d 24 (1997)

TOWN OF VALDESE and Town of Rutherford College, Plaintiffs, v. BURKE, INC., Defendant.

Court of Appeals of North Carolina.

March 18, 1997.

Attorney(s) appearing for the Case

Kuehnert & Ayers, P.L.L.C. by Daniel A. Kuehnert and James R. Ayers, Morganton, for appellant Town of Rutherford College.

Mitchell, Blackwell & Mitchell, P.A., by Marcus W.H. Mitchell, Jr., and Keith W. Rigsbee, Valdese, for appellee Town of Valdese.

EAGLES, Judge.

The dispositive issue here on appeal is whether, at the time the Town of Valdese purported to annex defendant Burke's property, the Burke property was "contiguous" to the Town of Valdese's then existing corporate limits within the meaning of G.S. 160A-31(f). We hold that it was not and accordingly reverse the order of the trial court.

G.S. 160A-31(a) allows the "governing board of any municipality [to] annex by ordinance any area contiguous...

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