City of Kannapolis v. City of Concord

LEWIS, Judge.

Neither party suggests the presence of any issue of material fact. We therefore limit our review of this case to determine whether the city of Concord was entitled to summary judgment as a matter of law. Brawley v. Brawley, 87 N.C. App. 545, 361 S.E.2d 759 (1987), cert. denied, 321 N.C. 471, 364 S.E.2d 918 (1988). Where two municipalities are attempting to annex the same area, North Carolina has adopted the Prior Jurisdiction Rule. City of Burlington v. Town of Elon College, 310 N.C. 723, 314 S.E.2d 534 (1984). The first municipality to institute a valid annexation proceeding has…