Fix v. City of Eden

CALABRIA, Judge.

The City of Eden (the “City”) appeals from a judgment of the trial court declaring an annexation ordinance null and void. We remand to the trial court for proceedings not inconsistent with this opinion.

On 28 April 2003, the City of Eden adopted a resolution stating an intention to consider annexation of the Indian Hills area. The City adopted an annexation report on 14 May 2003 and an annexation ordinance on 22 September 2003. Fix, et al. (“petitioners”) own real property in the Indian Hills area. Petitioners filed a petition in Rockingham County Superior Court on 8 September…