Judge Rules Against Kinston, Other Cities In Annexation Battle

The process by which landowners can block a few North Carolina towns and cities from scooping up their land can continue while municipalities and their citizens challenge new laws that overhaul the state's involuntary annexation rules.

A lawsuit seeking a temporary stay of the new law was filed by the cities of Kinston, Goldsboro, Lexington, Fayetteville and Wilmington.

A Superior Court judge in Raleigh declined Thursday to issue a temporary restraining order to stop three county boards of elections from counting and authenticating petition documents turned in by property owners. At least two of the boards will begin the process next week. The proposed annexation would be blocked if 60 percent of the landowners formally oppose it.

Judge William Pittman questioned whether the cities and residents who sued would suffer irreparable damage without the temporary delay.

Pittman will hold a hearing on the full lawsuit in two weeks.

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  • by TD Location: USA on Dec 3, 2011 at 11:57 AM
    this is what happens when local governments are unable to foster intrinsic growth (private sector/tax base) within their limits. It's a sign of failure.
  • by MadMax on Dec 1, 2011 at 06:44 PM
    forced annexation, we just as well be living in communist Russia
  • by tug Location: new bern on Dec 1, 2011 at 05:39 PM
    All cities see it as increased revenue. Voters don't get a choice because as non residents, they can't vote. The law should be to put the proposed annexation area to a referendum. If the majority votes for it, then the annexation goes thru. If it is voted down, then thats it. Or if a developer approaches the city (Taberna in New Bern)before lots are sold or built. I for one live just outside the limits and I want to stay just outside the limits. I moved out of the city to get out of its taxes.

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