NC Supreme Court Rules on Fayetteville Annexation

[Rono]

July 30th 2004

GREAT NEWS!!!! STATE SUPREME COURT REJECTS FAYETTEVILLE AND LEAGUE OF MUNICIPALITIES ATTEMPT TO THWART DUE PROCESS IN ANNEXATION CASES!

July 30, 2004

The State Supreme Court said NO to Fayetteville's (with the League of Municipalities backing) attempt to thwart due process. After rendering its decision, according to inside sources, the court made it clear that it was not pleased by statements from Fayetteville Officials that the Court had "overstepped its bounds"

The Court’s ruling prevents Fayetteville from operating city services in the area they are attempting to annex and sends the questions back to the Court of Appeals for review.

This is a major victory for the fight against annexation laws here in the State!!!. Check the website (www.StopNCAnnexation.com) often for the latest updates and read below a news report from the Fayetteville Observer outlining the latest details

For questions or comments contact

Ron Thoreson

Ron@StopNCAnnexation.com

(919) 303 2666

Published on: 2004-07-30

State Supreme Court keeps stay on annexation

By Don Worthington
Staff writer

The state Supreme Court on Thursday declined to reconsider its stay of Fayetteville's annexation.

The court did not explain its decision.

Fayetteville had asked the court to reverse its July 12 stay that halted the annexation of 27 square miles and about 42,000 residents.

The motion to reconsider was Fayetteville's second request to the state Supreme Court. The city filed the request Monday

The Homebuilders Association of Fayetteville, Cumberland County Citizens United and Keith Kegley, a soldier stationed at Fort Bragg, are challenging the annexation.

Their lawyers said they were not surprised by Thursday's decision. "We're right, and the state Supreme Court thinks we're right," said Neil Yarborough, the lawyer for the homebuilders association. Bob Hornik, the lawyer for the citizens' group and Kegley, said the city did not raise any new factors or legal challenges in its motion to reconsider. City Attorney Karen McDonald could not be reached for comment.

The decision means the lawyers will continue to prepare for trial at the state Court of Appeals. No trial date has been set. City spokesman Jason Brady said the next step is to wait for the case to be placed on the docket. Hornik said it could be eight to 10 months before the case goes to trial and then another month before the Court of Appeals announces its decision. The Court of Appeals is considering Cumberland County Superior Court Judge Gary Locklear's ruling that the challenges to the annexation were filed too late. State law requires challenges to be filed within 60 days of passage of an annexation ordinance.

The city adopted its annexation ordinance Nov. 24. The Gates Four community filed the only challenge within that timeframe. The City Council removed the community from the annexation. Kegley filed his petition for review of the annexation ordinance based on the Service Members Civil Relief Act. The Kegley suit argues that the relief act nullifies the 60-day appeals period for him because he is an active-duty soldier. The citizens group is seeking to intervene in the Gates Four lawsuit and have the annexation reviewed by the court.

The homebuilders association's suit contends that a new comment period started when Fayetteville dropped Gates Four from the annexation in May.

The three cases were appealed to the Court of Appeals, which issued a stay of annexation on June 29, just hours before annexation was to take effect.

The court lifted its stay on July 7 and Fayetteville started providing services to the affected areas, mostly neighborhoods along Raeford Road in western Cumberland County.

Staff writer Don Worthington can be reached at worthingtond@fayettevillenc.com or (910) 486-3511.

[hollyL]

Ron

Does this mean they are out of options? From what I understand they have no other avenue of appeal here.

[Rono]

Dont understand the question Holly.

Ths Stay by the Supreme Court, only allows a challange to be now conisdered in the Court of Appeals. Simply put, the Court of Appeals rejected this issue previously, the people took it to the Supreme Court where this higher court now says they (the appeals court) need to look at the merits of the case.

I am not certain on what happens next (don't have a broad understanding of the judicial branch of government)

Bottom line is a decision will have to be rendered on the SSCRA. That means where ever this is debated, a ruling will have to be on this arguement.

This is a huge blow to the invlountary annexation laws in this state. If it is agreed that Federal protection trumps this states rights it will most likely render the involuntary aspect of annexation laws useless for large involuntary annexations. Take for example this. If ten propertes were being involuntarily annexed and one was active military, that military person could delay the annexation for years, due to the fact that by federal protection, that military has up to 60 days AFTER completing active duty to have the oportunity to challenge the annexation in a court of law.

The major complaint of Fayetteville is that they can't "plan" (hire additional personal, buy addition equipment) until they are sure they can take over.

You see, this is why this law only exists in 6 States in this country, and only four of them have the same as North Carolina with no say so by the property owners. It is our beleif that a state can not take property rights from it's people without due process, and that due process includes those men and women in our armed forces.

The North Carolina Supreme Court did the right thing yesterday. Ironiclly, I will also say that if Fayetteville does not recind it involuntary annexation, they will eventually win based on North Carolina Law. But the big question is when that would happen.

Say they go through the whole process with the current military person and win, and assuming federal protection is rule to trump state rights, who's to say when another currently actiive military person will file the same. If they are a carear service person, and on active duty for a number of years...who know how long it will be until Fayetteville, in this case can be reasonably assured that it will be able to take over without being challenged in court.

Now do you understand why we think this is such a huge ruling?

[hollyL]

It is definately it is a big step and a huge "statement". My question was really..what will/can happen next?

It's my understanding that it heads back to the Court of Appeals and they will have to decide the ruling in the case but since they already did that I guess they just do it over? Hey...maybe I could look it up myself :wink: I'm too curious anyway!

[johnb]

I wonder which side saved the most cash for the next round ? :twisted:

[StanN]

John,

I wonder where the money to make this fight (against an anexation that RONO acknowledges is entirely lawful) comes from? By now the legal bill must be several tens of thousands of dollars. Specifically, what % of the legal bill is being picked up by the Homebuilders Association? What is the HBA'S interest? Do they object to the typically tighter environmental regulations required by muni's vis-a-vis counties? Wheels within wheels here....stan

[johnb]

Good question Stan and that's just the attorney's fees. Imagine the costs of buying off a set of judges as opposed to just one. Can't be cheap.