Town of Ayden v. Town of Winterville

BIGGS, Judge.

This appeal arises out of the trial court’s dismissal of plaintiff’s action, on the basis that plaintiff lacked standing. We affirm the dismissal by the trial court.

In March of 1999, the Town of Ayden (plaintiff) filed suit against the Town of Winterville (defendant). Ayden’s complaint challenged Winterville’s 1997 voluntary annexation of an adjoining neighborhood, South Ridge Subdivision, and of land adjacent to South Ridge. Ayden alleged that Winterville had failed to comply with certain requirements of N.C.G.S. § 160A-31 (1999), the statute governing voluntary annexations. The…