(a) Within 60 daysfollowing the passage of an annexation ordinance under authority of this Part,any person owning property in the annexed territory who shall believe that hewill suffer material injury by reason of the failure of the municipal governingboard to comply with the procedure set forth in this Part or to meet therequirements set forth in G.S. 160A‑48 as they apply to his property mayfile a petition in the superior court of the county in which the municipalityis located seeking review of the action of the governing board.
(b) Such petition shallexplicitly state what exceptions are taken to the action of the governing boardand what relief the petitioner seeks. Within 10 days after the petition isfiled with the court, the person seeking review shall serve copies of thepetition by registered mail, return receipt requested, upon the municipality.
(c) Within 15 daysafter receipt of the copy of the petition for review, or within such additionaltime as the court may allow, the municipality shall transmit to the reviewingcourt
(1) A transcript of theportions of the municipal journal or minute book in which the procedure forannexation has been set forth and
(2) A copy of the reportsetting forth the plans for extending services to the annexed area as requiredin G.S. 160A‑47.
(d) If two or morepetitions for review are submitted to the court, the court may consolidate allsuch petitions for review at a single hearing, and the municipality shall berequired to submit only one set of minutes and one report as required insubsection (c).
(e) At any time beforeor during the review proceeding, any petitioner or petitioners may apply to thereviewing court for an order staying the operation of the annexation ordinancepending the outcome of the review. The court may grant or deny the stay in itsdiscretion upon such terms as it deems proper, and it may permit annexation ofany part of the area described in the ordinance concerning which no questionfor review has been raised.
(f) The court shallfix the date for review of annexation proceedings under this Part, which reviewdate shall preferably be within 30 days following the last day for receivingpetitions to the end that review shall be expeditious and without unnecessarydelays. The review shall be conducted by the court without a jury. The courtmay hear oral arguments and receive written briefs, and may take evidenceintended to show either
(1) That the statutoryprocedure was not followed, or
(2) That the provisionsof G.S. 160A‑47 were not met, or
(3) That the provisionsof G.S. 160A‑48 have not been met.
(g) The court mayaffirm the action of the governing board without change, or it may
(1) Remand the ordinanceto the municipal governing board for further proceedings if proceduralirregularities are found to have materially prejudiced the substantive rightsof any of the petitioners.
(2) Remand the ordinanceto the municipal governing board for amendment of the boundaries to conform tothe provisions of G.S. 160A‑48 if it finds that the provisions of G.S.160A‑48 have not been met; provided, that the court cannot remand theordinance to the municipal governing board with directions to add area to themunicipality which was not included in the notice of public hearing and not providedfor in plans for service.
(3) Remand the report tothe municipal governing board for amendment of the plans for providing servicesto the end that the provisions of G.S. 160A‑47 are satisfied.
(4) Declare theordinance null and void, if the court finds that the ordinance cannot becorrected by remand as provided in subdivisions (1), (2), or (3) of thissubsection.
If any municipality shall failto take action in accordance with the court's instructions upon remand within90 days following entry of the order embodying the court's instructions, theannexation proceeding shall be deemed null and void.
(h) Any party to thereview proceedings, including the municipality, may appeal to the Court ofAppeals from the final judgment of the superior court under rules of procedureapplicable in other civil cases. The superior court may, with the agreement ofthe municipality, permit annexation to be effective with respect to any part ofthe area concerning which no appeal is being made and which can be incorporatedinto the city without regard to any part of the area concerning which an appealis being made.
(i) If part or all ofthe area annexed under the terms of an annexation ordinance is the subject ofan appeal to the superior court, Court of Appeals or Supreme Court on theeffective date of the ordinance, then the ordinance shall be deemed amended tomake the effective date with respect to such area the last day of the next fullcalendar month following the date of the final judgment of the superior court orappellate division, whichever is appropriate, or the date the municipalgoverning board completes action to make the ordinance conform to the court'sinstructions in the event of remand. For the purposes of this subsection, adenial of a petition for rehearing or for discretionary review shall be treatedas a final judgment.
(j) If a petition forreview is filed under subsection (a) of this section or an appeal is filedunder G.S. 160A‑49.1(g) or G.S. 160A‑49.3(g), and a stay isgranted, then the time periods of two years, 24 months or 27 months provided inG.S. 160A‑47(3)c, 160A‑49(h), or 160A‑49(j) are each extendedby the lesser of the length of the stay or one year for that annexation.
(k) The provisions ofsubsection (i) of this section shall apply to any judicial review authorized inwhole or in part by G.S. 160A‑49.1(i) or G.S. 160A‑49.3(g).
(l) In any proceedingrelated to an annexation ordinance appeal under this section, a city shall notstate a claim for lost property tax revenue caused by the appeal. Nothing inthis Article shall be construed to mean that as a result of an appeal amunicipality may assert a claim for property tax revenue lost during thependency of the appeal.
(m) Any settlementreached by all parties in an appeal under this section may be presented to thesuperior court in the county in which the municipality is located. If thesuperior court, in its discretion, approves the settlement, it shall be bindingon all parties without the need for approval by the General Assembly. (1959, c. 1009, s. 6; 1973,c. 426, s. 74; 1981, c. 682, ss. 20, 21; 1983, c. 636, s. 14.1; 1989, c. 598,s. 10; 1995 (Reg. Sess., 1996), c. 746, s. 3; 1998‑150, s. 18; 1999‑148,s. 1; 2009‑570, s. 27.)
(a) Within 60 daysfollowing the passage of an annexation ordinance under authority of this Part,any person owning property in the annexed territory who shall believe that hewill suffer material injury by reason of the failure of the municipal governingboard to comply with the procedure set forth in this Part or to meet therequirements set forth in G.S. 160A‑48 as they apply to his property mayfile a petition in the superior court of the county in which the municipalityis located seeking review of the action of the governing board.
(b) Such petition shallexplicitly state what exceptions are taken to the action of the governing boardand what relief the petitioner seeks. Within 10 days after the petition isfiled with the court, the person seeking review shall serve copies of thepetition by registered mail, return receipt requested, upon the municipality.
(c) Within 15 daysafter receipt of the copy of the petition for review, or within such additionaltime as the court may allow, the municipality shall transmit to the reviewingcourt
(1) A transcript of theportions of the municipal journal or minute book in which the procedure forannexation has been set forth and
(2) A copy of the reportsetting forth the plans for extending services to the annexed area as requiredin G.S. 160A‑47.
(d) If two or morepetitions for review are submitted to the court, the court may consolidate allsuch petitions for review at a single hearing, and the municipality shall berequired to submit only one set of minutes and one report as required insubsection (c).
(e) At any time beforeor during the review proceeding, any petitioner or petitioners may apply to thereviewing court for an order staying the operation of the annexation ordinancepending the outcome of the review. The court may grant or deny the stay in itsdiscretion upon such terms as it deems proper, and it may permit annexation ofany part of the area described in the ordinance concerning which no questionfor review has been raised.
(f) The court shallfix the date for review of annexation proceedings under this Part, which reviewdate shall preferably be within 30 days following the last day for receivingpetitions to the end that review shall be expeditious and without unnecessarydelays. The review shall be conducted by the court without a jury. The courtmay hear oral arguments and receive written briefs, and may take evidenceintended to show either
(1) That the statutoryprocedure was not followed, or
(2) That the provisionsof G.S. 160A‑47 were not met, or
(3) That the provisionsof G.S. 160A‑48 have not been met.
(g) The court mayaffirm the action of the governing board without change, or it may
(1) Remand the ordinanceto the municipal governing board for further proceedings if proceduralirregularities are found to have materially prejudiced the substantive rightsof any of the petitioners.
(2) Remand the ordinanceto the municipal governing board for amendment of the boundaries to conform tothe provisions of G.S. 160A‑48 if it finds that the provisions of G.S.160A‑48 have not been met; provided, that the court cannot remand theordinance to the municipal governing board with directions to add area to themunicipality which was not included in the notice of public hearing and not providedfor in plans for service.
(3) Remand the report tothe municipal governing board for amendment of the plans for providing servicesto the end that the provisions of G.S. 160A‑47 are satisfied.
(4) Declare theordinance null and void, if the court finds that the ordinance cannot becorrected by remand as provided in subdivisions (1), (2), or (3) of thissubsection.
If any municipality shall failto take action in accordance with the court's instructions upon remand within90 days following entry of the order embodying the court's instructions, theannexation proceeding shall be deemed null and void.
(h) Any party to thereview proceedings, including the municipality, may appeal to the Court ofAppeals from the final judgment of the superior court under rules of procedureapplicable in other civil cases. The superior court may, with the agreement ofthe municipality, permit annexation to be effective with respect to any part ofthe area concerning which no appeal is being made and which can be incorporatedinto the city without regard to any part of the area concerning which an appealis being made.
(i) If part or all ofthe area annexed under the terms of an annexation ordinance is the subject ofan appeal to the superior court, Court of Appeals or Supreme Court on theeffective date of the ordinance, then the ordinance shall be deemed amended tomake the effective date with respect to such area the last day of the next fullcalendar month following the date of the final judgment of the superior court orappellate division, whichever is appropriate, or the date the municipalgoverning board completes action to make the ordinance conform to the court'sinstructions in the event of remand. For the purposes of this subsection, adenial of a petition for rehearing or for discretionary review shall be treatedas a final judgment.
(j) If a petition forreview is filed under subsection (a) of this section or an appeal is filedunder G.S. 160A‑49.1(g) or G.S. 160A‑49.3(g), and a stay isgranted, then the time periods of two years, 24 months or 27 months provided inG.S. 160A‑47(3)c, 160A‑49(h), or 160A‑49(j) are each extendedby the lesser of the length of the stay or one year for that annexation.
(k) The provisions ofsubsection (i) of this section shall apply to any judicial review authorized inwhole or in part by G.S. 160A‑49.1(i) or G.S. 160A‑49.3(g).
(l) In any proceedingrelated to an annexation ordinance appeal under this section, a city shall notstate a claim for lost property tax revenue caused by the appeal. Nothing inthis Article shall be construed to mean that as a result of an appeal amunicipality may assert a claim for property tax revenue lost during thependency of the appeal.
(m) Any settlementreached by all parties in an appeal under this section may be presented to thesuperior court in the county in which the municipality is located. If thesuperior court, in its discretion, approves the settlement, it shall be bindingon all parties without the need for approval by the General Assembly. (1959, c. 1009, s. 6; 1973,c. 426, s. 74; 1981, c. 682, ss. 20, 21; 1983, c. 636, s. 14.1; 1989, c. 598,s. 10; 1995 (Reg. Sess., 1996), c. 746, s. 3; 1998‑150, s. 18; 1999‑148,s. 1; 2009‑570, s. 27.)
(a) Within 60 daysfollowing the passage of an annexation ordinance under authority of this Part,any person owning property in the annexed territory who shall believe that hewill suffer material injury by reason of the failure of the municipal governingboard to comply with the procedure set forth in this Part or to meet therequirements set forth in G.S. 160A‑48 as they apply to his property mayfile a petition in the superior court of the county in which the municipalityis located seeking review of the action of the governing board.
(b) Such petition shallexplicitly state what exceptions are taken to the action of the governing boardand what relief the petitioner seeks. Within 10 days after the petition isfiled with the court, the person seeking review shall serve copies of thepetition by registered mail, return receipt requested, upon the municipality.
(c) Within 15 daysafter receipt of the copy of the petition for review, or within such additionaltime as the court may allow, the municipality shall transmit to the reviewingcourt
(1) A transcript of theportions of the municipal journal or minute book in which the procedure forannexation has been set forth and
(2) A copy of the reportsetting forth the plans for extending services to the annexed area as requiredin G.S. 160A‑47.
(d) If two or morepetitions for review are submitted to the court, the court may consolidate allsuch petitions for review at a single hearing, and the municipality shall berequired to submit only one set of minutes and one report as required insubsection (c).
(e) At any time beforeor during the review proceeding, any petitioner or petitioners may apply to thereviewing court for an order staying the operation of the annexation ordinancepending the outcome of the review. The court may grant or deny the stay in itsdiscretion upon such terms as it deems proper, and it may permit annexation ofany part of the area described in the ordinance concerning which no questionfor review has been raised.
(f) The court shallfix the date for review of annexation proceedings under this Part, which reviewdate shall preferably be within 30 days following the last day for receivingpetitions to the end that review shall be expeditious and without unnecessarydelays. The review shall be conducted by the court without a jury. The courtmay hear oral arguments and receive written briefs, and may take evidenceintended to show either
(1) That the statutoryprocedure was not followed, or
(2) That the provisionsof G.S. 160A‑47 were not met, or
(3) That the provisionsof G.S. 160A‑48 have not been met.
(g) The court mayaffirm the action of the governing board without change, or it may
(1) Remand the ordinanceto the municipal governing board for further proceedings if proceduralirregularities are found to have materially prejudiced the substantive rightsof any of the petitioners.
(2) Remand the ordinanceto the municipal governing board for amendment of the boundaries to conform tothe provisions of G.S. 160A‑48 if it finds that the provisions of G.S.160A‑48 have not been met; provided, that the court cannot remand theordinance to the municipal governing board with directions to add area to themunicipality which was not included in the notice of public hearing and not providedfor in plans for service.
(3) Remand the report tothe municipal governing board for amendment of the plans for providing servicesto the end that the provisions of G.S. 160A‑47 are satisfied.
(4) Declare theordinance null and void, if the court finds that the ordinance cannot becorrected by remand as provided in subdivisions (1), (2), or (3) of thissubsection.
If any municipality shall failto take action in accordance with the court's instructions upon remand within90 days following entry of the order embodying the court's instructions, theannexation proceeding shall be deemed null and void.
(h) Any party to thereview proceedings, including the municipality, may appeal to the Court ofAppeals from the final judgment of the superior court under rules of procedureapplicable in other civil cases. The superior court may, with the agreement ofthe municipality, permit annexation to be effective with respect to any part ofthe area concerning which no appeal is being made and which can be incorporatedinto the city without regard to any part of the area concerning which an appealis being made.
(i) If part or all ofthe area annexed under the terms of an annexation ordinance is the subject ofan appeal to the superior court, Court of Appeals or Supreme Court on theeffective date of the ordinance, then the ordinance shall be deemed amended tomake the effective date with respect to such area the last day of the next fullcalendar month following the date of the final judgment of the superior court orappellate division, whichever is appropriate, or the date the municipalgoverning board completes action to make the ordinance conform to the court'sinstructions in the event of remand. For the purposes of this subsection, adenial of a petition for rehearing or for discretionary review shall be treatedas a final judgment.
(j) If a petition forreview is filed under subsection (a) of this section or an appeal is filedunder G.S. 160A‑49.1(g) or G.S. 160A‑49.3(g), and a stay isgranted, then the time periods of two years, 24 months or 27 months provided inG.S. 160A‑47(3)c, 160A‑49(h), or 160A‑49(j) are each extendedby the lesser of the length of the stay or one year for that annexation.
(k) The provisions ofsubsection (i) of this section shall apply to any judicial review authorized inwhole or in part by G.S. 160A‑49.1(i) or G.S. 160A‑49.3(g).
(l) In any proceedingrelated to an annexation ordinance appeal under this section, a city shall notstate a claim for lost property tax revenue caused by the appeal. Nothing inthis Article shall be construed to mean that as a result of an appeal amunicipality may assert a claim for property tax revenue lost during thependency of the appeal.
(m) Any settlementreached by all parties in an appeal under this section may be presented to thesuperior court in the county in which the municipality is located. If thesuperior court, in its discretion, approves the settlement, it shall be bindingon all parties without the need for approval by the General Assembly. (1959, c. 1009, s. 6; 1973,c. 426, s. 74; 1981, c. 682, ss. 20, 21; 1983, c. 636, s. 14.1; 1989, c. 598,s. 10; 1995 (Reg. Sess., 1996), c. 746, s. 3; 1998‑150, s. 18; 1999‑148,s. 1; 2009‑570, s. 27.)
