Town of Hazelwood v. Town of Waynesville

WHICHARD, Justice.

This appeal involves an interpretation of the North Carolina statutes governing annexation of unincorporated areas by municipalities. Specifically, the question is which of two municipalities simultaneously attempting to annex the same territory — one by voluntary means under N.C.G.S. § 160A-31, the other by involuntary means under N.C.G.S. § 160A-37 — has the statutory right to complete annexation. The answer lies in a scrutiny of the statutory procedures governing these two modes of annexation as well as in the circumspect application of prior case law.

Annexation by…