Opinion

City of Kannapolis v. City of Concord

  • 326 N.C. 512
  • 391 S.E.2d 493
  • 1990 N.C. LEXIS 241
Court
Supreme Court of North Carolina
Filed
May 10, 1990
Status
Published
Author
Frye
On the bench
Whichard, Martin, Frye
Cited by
4 cases

The opinion

Justice FRYE

dissenting.

Stripped of legalese, the question in this case is whether Concord or Kannapolis took the first valid mandatory public procedural step to annex Lake Concord and its watershed. Concord made a false start but corrected it on 10 December 1987. Kannapolis made a false start on 14 October 1987 and attempted to correct it on 30 March 1988 when the annexation ordinance was adopted. Thus, Concord, not Kannapolis, wins the race. I do not believe that the failure to include the effective date in the resolution of intent is a “slight irregularity” or that putting the correct date in the annexation ordinance some five and one-half months later cures the defect so as to cut off Concord’s right to annex its own property. Accordingly, I dissent from the result reached by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.