Legal Opinion

Baldwin v. City of Winston-Salem

Court of Appeals for the Fourth Circuit

Decided June 15, 1983No. Nos. 82-1761, 82-1767, 82-1768, 82-1785, 82-1786 and 82-2120PublishedCited by 9 opinions

1Per curiam

These consolidated cases present the single question of whether landowners who allege that their real property is to be annexed by a municipality in order to increase the municipality’s tax base have stated a claim upon which relief can be granted under the due process clause of the Fourteenth Amendment. The district courts, 544 F.Supp. 123 and 543 F.Supp. 625, uniformly held that they have not. We affirm.

I

Under North Carolina law, municipalities are authorized to extend their municipal corporate limits by annexation of contiguous real property. N.C.Gen.Stat. § 160A-48. State law defines the…

2Cases cited10 opinions

  1. Gomillion v. LightfootSupreme Court of the United States · 1960
  2. Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
  3. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  4. Holt Civic Club v. City of TuscaloosaSupreme Court of the United States · 1978
  5. Deane Hill Country Club, Inc. v. City of Knoxville and George F. McCanless Attorney General of TennesseeCourt of Appeals for the Sixth Circuit · 1967

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3Cited by9 opinions

  1. Barefoot v. City of WilmingtonCourt of Appeals for the Fourth Circuit · 2002
  2. St. Louis County, Mo. v. CITY OF TOWNDistrict Court, E.D. Missouri · 1984
  3. Indian Oasis-Baboquivari Unified School District No. 40 Of Pima County, Arizona v. KirkCourt of Appeals for the Ninth Circuit · 1996
  4. Taxpayers' Choice Volunteer Committee v. Roseau County Board of CommissionersDistrict Court, D. Minnesota · 1995
  5. Campbell v. Sales Tax District 3 of St. Tammany ParishDistrict Court, E.D. Louisiana · 1987

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