Legal Opinion

Town of Spencer v. Town of East Spencer

Supreme Court of North Carolina

Decided December 3, 1999No. 285PA98PublishedCited by 8 opinions

1Opinion of the Court

*125LAKE, Justice.

The issues raised here on review require the interpretation of the North Carolina statutes and case law governing involuntary annexation of unincorporated areas by municipalities. Specifically, the issues are whether the question of priority between two competing municipalities is a “justiciable controversy” under the Declaratory Judgment Act and whether the inclusion of territory within the boundaries of another municipality in a resolution of intent to annex territory results in the loss of annexation jurisdictional priority.

Spencer and East Spencer are neighboring…

2Cases cited17 opinions

  1. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  2. Nationwide Mutual Insurance Company v. RobertsSupreme Court of North Carolina · 1964
  3. Town of Tryon v. Duke Power Co.Supreme Court of North Carolina · 1942
  4. Huntley v. PotterSupreme Court of North Carolina · 1961
  5. In re Annexation Ordinance Adopted by the City of New BernSupreme Court of North Carolina · 1971

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3Cited by8 opinions

  1. Mayor of Oakland v. Mayor of Mountain Lake ParkCourt of Appeals of Maryland · 2006
  2. Fulton County v. City of AtlantaSupreme Court of Georgia · 2016
  3. Lynn v. BurnetteCourt of Appeals of North Carolina · 2000
  4. Town of Ayden v. Town of WintervilleCourt of Appeals of North Carolina · 2001
  5. Singleton v. Sunset Beach & Twin Lakes, Inc.Court of Appeals of North Carolina · 2001

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