Ingles Markets, Inc. v. Town of Black Mountain

WELLS, Judge.

By its first assignment of error, petitioner challenges the court’s granting of respondent’s motion to lift the stay and close the court file in this case. Petitioner’s argument in support of this assignment of error, reduced to its essentials, is that no appeal was required to be taken from the action adopting the 1989 ordinance because the 1988 ordinance was remanded for the limited purpose of including specific findings of fact that the area to be annexed is developed for urban purposes as required by G.S. § 160A-37(e)(l), and therefore the order of remand did not constitute a…