City of Concord v. Duke Power Co.

The sole issue is whether the Court of Appeals erred in concluding that the determination date, as defined by the statute, was 30 June 1986. The majority holds that this was error and that the correct determination date was 30 June 1992. I believe the plain language of the statute establishes that the correct determination date was 30 June 1986, and I therefore dissent.

The statute defines “determination date” as “[t]he effective date of annexation with respect to areas annexed to any city after April 20, 1965.” N.C.G.S. § 160A-331(l)(b) (1994). A statute must be applied as written. In re…