# City of Kannapolis v. City of Concord

> Supreme Court of North Carolina · May 10, 1990 · 326 N.C. 512

URL: https://www.frixlaw.com/law-library/cases/9847117

## Case

- **Full name:** City of Kannapolis v. City of Concord
- **Court:** Supreme Court of North Carolina
- **Decided:** May 10, 1990
- **Citations:** 326 N.C. 512; 391 S.E.2d 493; 1990 N.C. LEXIS 241
- **Precedential status:** Published
- **Opinion:** Dissent by Frye
- **Judges:** Whichard, Martin, Frye
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9847117

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9847117. Public record. Not legal advice.