Home Builders Ass'n of Fayetteville North Carolina Inc. v. City of Fayetteville

McCullough, Judge.

Petitioners appeal from an order granting respondent’s motion to dismiss and an order denying petitioners’ motion to intervene. On 24 November 2003, the City of Fayetteville adopted an annexation ordinance that was to become effective on 30 June 2004. In North Carolina, an owner of annexed property may seek judicial review of an annexation if he or she petitions “[w]ithin 60 days following the passage of [the] annexation ordinance^]” N.C. Gen. Stat. § 160A-50(a) (2003).

A group of Cumberland County residents, the Gates Four community, filed the only timely petition for review…