ADAMS-MILLIS CORPORATION v. Town of Kernersville

Respondent, as is its right, has filed in this Court a demurrer ore tenus asserting that the petition as originally filed and as amended does not state a cause of action in that there is no allegation that petitioner will suffer or believes it will suffer material injury by reason of the alleged failure of respondent to comply with the statutory procedure.

G.S. 160-453.6 (a) provides that “[w]ithin thirty days following the passage of an annexation ordinance under authority of this part, any person owning property in the annexed territory who shall believe that he will suffer material injury…