ARQUILLA v. CITY OF SALISBURY

No. COA98-1398.

523 S.E.2d 155 (1999)

Bennie ARQUILLA and wife Julie Arquilla, Herbert L. Baker and wife Grace P. Baker, David M. Bennett and wife Melanie H. Bennett, Ronald Bost and wife Martha Bost, Robert J. Brunory and wife Nan W. Brunory, Bob Burges and wife Sharon Burges, Eugene K. Clary and wife Sue H. Clary, Randy L. Cox and wife Mary A. Cox, Paul Dziezyc and wife Katherine Dziezyc, Gordon L. Eddy and wife Teresa Eddy, Richard T. Fontenot and wife Donnalee Fontenot, Robert W. Garner and wife Julie S. Garner, Suzanne R. Godridge, Glenn R. Harrison and wife Mary J. Harrison, Darlene Barrow Hartman, Carroll Bruce Hawkins and wife Karen Hawkins, Dennis D. Hinz and wife Dorothy C. Hinz, Jerry L. Holder and wife Brenda S. Holder, Hong Bich Van Le and wife Cam Hong Thi Do Le, Douglas H. Jones and wife Melody T. Jones, J. Steven Land and wife Jayne H. Land, Carl C. Lyerly, Sr. and wife Margaret C. Lyerly, Clara R. Lazaro, John K. Miller and wife Carol K. Miller, William Miller and wife Katherine Miller, Dorothy Misenheimer, Robert R. Moore and wife Gay P. Moore, Timothy L. Nooner and wife Cynthia C. Nooner, Janet T. Parker and husband Rick Parker, Steve Poteat and wife Donna Poteat, John R. Pring and wife Laura W. Pring, Kent Rabon and wife Marisa W. Rabon, Warren S. Reynolds and wife Rita H. Reynolds, John Russ and wife Kim Russ, Alex Scott, Stephan F. Sherriff and wife Nancy S. Sherriff, Floyd John Walcher and wife Joe Ellen Davis Walcher, Linne Wallace and husband Charlie James Wallace, Jr., Andrew E. Whitted and wife Annette E. Whitted, Daniel H. Williford and wife Melinda S. Williford, John W. Williams and wife Patty P. Williams, Carl Ray Yates and wife Della Faye Yates, James D. Cusak, Jill Duggan, Scott Gaskill and wife Karen Gaskill, Jerry Milem and wife Shirley Milem, Robert Morgan and wife Elizabeth Morgan, John Noonan and wife Lisa Noonan, Charles R. Reed and wife Genevieve B. Reed, Mark Ritchie and wife Jane Ritchie, Danny Thornton, Jesse C. Ebersole and wife Lisa M. Ebersole, Wallace J. Elston, Jr. and wife Arline A. Elston, Allen R. Arey and wife Ruby L. Arey, Marvin A. Burnett and wife Hazel H. Burnett, Yu Chin Choi and wife Hyung K. Choi, Jeff Dinse, Viola H. Dixon, John M. Durkee and wife Joyce G. Durkee, Martha S. Freeze and husband Michael A. Freeze, Joseph P. Green and wife Anna Green, Letty Kelly, Moses Landrum and wife Georgia Landrum, Doris D. Masters, Walter Grady Morris, Barbara A. Nance and husband Clarence V. Nance, Old Carolina Brick Co., Jack B. Richardson and wife Manie G. Richardson, Ralph Shatterly and wife Sharon Shatterly, Kenneth W. Shepler and wife Naomi G. Shepler, Ransom A. Shuping and wife Pauline L. Shuping, Michael Sommers and wife Joanne Sommers, Charles F. Vasconcellos and wife Laurie Vasconcellos, Robert H. Waddell and wife Alice Waddell, Larry Dean Wagoner and wife Caroline Kirkpatrick Wagoner, C. Wayne Whitman and wife Nancy H. Whitman, Betty B. Hoyt, and F. Sylvia Wiseman, Petitioners, v. CITY OF SALISBURY, A North Carolina Municipal Corporation, Respondent.

Court of Appeals of North Carolina.

December 21, 1999.


Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow & Saenger, P.A., by S.J. Crow and Martin K. Reidinger, Asheville, for petitioners.

Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Roddey M. Ligon, Jr., Winston-Salem, and Woodson, Ford, Sayers, Lawther, Short, Parrott & Hudson, by F. Rivers Lawther, Jr., Salisbury, for respondent.


TIMMONS-GOODSON, Judge.

On 18 February 1997, the City Council of Salisbury adopted two ordinances to annex involuntarily two areas into the corporate limits of the City of Salisbury. Property owners in the areas annexed ("petitioners") challenge the validity of both annexation ordinances. Annexation Area 1 ("Area 1") is generally southwest of the City while Annexation Area 2 ("Area 2") is generally northwest of the City.

The parties dispute whether four tracts...

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