This is a news flash post.  This afternoon the Raleigh News & Observer posted an online article stating that Superior Court Judge Shannon Joseph struck down as unconstitutional several key sections of the recently enacted legislation that overhauled and neutered North Carolina municipalities’ ability to annex urbanized areas adjoining municipal boundaries.

              The debates and clashes over annexation persisted for years and resulted in one of the most cumbersome and labyrinthine municipal statutes enacted in years.

             To read the article, click here.  To read my previous commentary on this misguided legislation, you’ll find it here: Annexation — Some New and Different Perspectives.

             I have not heard the judge describe the decision, nor have I read the pleadings or the judgment.  My information comes entirely – at this point – from the N&O.  I have learned in law that you should never promise that a certain result will ensue.  But as I sit here I’m considering how high a wager I’ll make that within 30 days of the judgment’s entry this case will be appealed to the Court of Appeals.

            According to the N&O, the problem with the law is that 60 percent of residents living in an annexed area could, through petition, nullify the action.  However, non-resident property owners could “vote,” but resident renters could not.

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Tom Terrell

Terrell_TomMr. Terrell is widely regarded as one of North Carolina’s leading land use attorneys, representing both private and governmental entities in matters related to real estate development. His practice “footprint” covers the state from the mountain counties to the coast and occasionally includes…

Terrell_TomMr. Terrell is widely regarded as one of North Carolina’s leading land use attorneys, representing both private and governmental entities in matters related to real estate development. His practice “footprint” covers the state from the mountain counties to the coast and occasionally includes parts of Virginia and South Carolina. His many clients are involved in commercial and residential real estate, solid waste hauling and disposal, telecommunications, quarries/asphalt and miscellaneous litigation related to permit denials, vested rights and rezonings.

He has published numerous articles and speaks regularly to legal, governmental and business groups on a variety of issues related to land use and zoning.

Mr. Terrell has served as a leader in numerous civic and legal endeavors, including Chairman of the Board of Trustees of the N.C. State Health Plan, Chairman of the Board of Trustees of Winston-Salem State University, and service on the Board of Directors of the UNC-CH General Alumni Association, Board of Directors of the High Point Chamber of Commerce, Board of Visitors of Guilford College and Board of Center Associates of the Center for Creative Leadership, and as a founding member of the N.C. Bar Association Zoning, Planning and Land Use Section.

More information can be found at https://www.foxrothschild.com/thomas-e-terrell-jr/.

Mr. Terrell can be contacted at mailto:tterrell@foxrothschild.com.