Nolan v. Village of Marvin

Tyson, Judge dissenting.

The majority's opinion holds respondent's annexation ordinance satisfies the statutory and case law requirements and affirms the trial court's order. I respectfully dissent.

I. Legislative Intent

Our Supreme Court stated in Carolina Power & Light Co. v. City of Asheville:

"The primary rule of statutory construction is that the intent of the legislature controls the interpretation of a statute." Stevenson v. City of Durham, 281 N.C. 300, 303, 188 S.E.2d 281, 283 (1972). The foremost task in statutory interpretation is " `to determine legislative intent while giving the…