Town of Pike Road v. City of Montgomery

On Application for Rehearing

NABERS, Chief Justice.

The opinion of May 12, 2006, is withdrawn and the following is substituted therefor.

On May 12, 2006, this Court decided an appeal involving competing efforts by the City of Montgomery and the Town of Pike Road to annex a 700-acre tract of land located in Montgomery County. The parties represented to this Court that the facts were undisputed and that the issue for decision was which of two annexations — the City of Montgomery’s annexation by election (initiated in August 2005) or the Town of Pike Road’s annexation by petition (initiated in…