Texfi Industries, Inc. v. City of Fayetteville

269 S.E.2d 142, 301 N.C. 1, 1980 N.C. LEXIS 1146
CourtSupreme Court of North Carolina
DecidedAugust 15, 1980
Docket126
StatusPublished
Cited by79 cases

This text of 269 S.E.2d 142 (Texfi Industries, Inc. v. City of Fayetteville) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texfi Industries, Inc. v. City of Fayetteville, 269 S.E.2d 142, 301 N.C. 1, 1980 N.C. LEXIS 1146 (N.C. 1980).

Opinions

BRITT, Justice.

The question of plaintiff’s standing to sue is not before us inasmuch as we denied defendants’ petition for discretionary review of the holding of the Court of Appeals that plaintiff had such standing. We now agree with the Court of Appeals with respect to its holding on the questions of due process and equal [4]*4protection of the law; therefore, we affirm the decision of the Court of Appeals.

The issue of standing having been resolved in plaintiffs favor we turn now to a brief overview of the substantive law as it relates to the question of annexation.

The 1957 Session of the General Assembly authorized the creation of the Municipal Government Study Commission, directing it to make a comprehensive study of the problems facing municipalities in North Carolina in an age of rapid urbanization. Res. 51, 1957 N.C. Sess. Laws. Among the Commission’s many conclusions in its final report to the General Assembly, the body recommended that the question of municipal annexation be made a matter of state-wide policy. Municipal Government Study Commission, Report 21 (1958). The Commission expanded upon its recommendation in a supplemental report several months later. The recommendations propounded in the supplemental report, Municipal Government Study Commission, Supplemental Report 11-13 (1959), formed the basis for a major overhaul of the manner in which North Carolina’s municipalities annexed land. Before 1959, much of the annexation which occurred was the result of the petition of all of the affected landowners 1 or by a local act passed by the General Assembly. Municipal Government Study Commission, Supplemental Report 5-6 (1959). The remainder of the annexations proceeded under provisions of the General Statutes which called for referenda on the proposed annexations. G.S. §§ 160-445 to -451 (1952). The Commission observed that two out of every five proposals which were submitted under the latter method were defeated. Municipal Government Study Commission, Supplemental Report 5 (1959). After noting that desirable proposals had often been defeated at the polls under the referendum method and that municipalities were increasingly resorting to the legislative process when they contemplated large-scale annexation plans, the Commission stated its thesis:

[5]*5Annexation involves the continuous extension of major utility facilities and other municipal services to parts of the urban area which are now or soon will become parts of the densely populated and congested urban core. Contrary to the impression given by a number of North Carolina cities in recent years, annexation proposals should not be periodic and large-scale in nature. Nor should annexation be considered outside the context of long-range planning in any community. Rather, it should be considered as an integral part of the planning process.

Id. at 6. Against this background, the 1959 Session of the General Assembly undertook a major revision of the annexation laws of the state. See 1959 N.C. Sess. Laws c. 1009, 1010. Codified in Chapter 160 of the General Statutes, the new statutes sought to implement a uniform scheme of annexation throughout the state. Both of the new acts, as well as the provisions of former G.S. §§ 160-445 to -453, were subsequently recodified as Article 4A of Chapter 160A of the General Statutes by the 1973 Session of the General Assembly. 1973 N.C. Sess. Laws c. 426. Entitled “Extension of Corporate Boundaries”, Article 4A is divided into four parts, three of which merit brief examination2

Besides setting out the procedure for annexation by petition, G.S. § 160A-31 (1976), Part One governs annexation by ordinance. Upon publication of public notice in a newspaper in the county with general circulation in the municipality once a week for four successive weeks3, the municipal governing body is authorized to hold a public hearing. The municipality is thereupon empowered to adopt an ordinance annexing any contiguous tract of land which is not already embraced within the boundaries of another municipality. If, at the public hearing on the proposed annexation, a petition is filed and signed by at least fifteen percent of the qualified voters resident in the area [6]*6proposed for annexation, the question must be submitted to a vote of the qualified voters of the area proposed for annexation. See generally G.S. §§ 160A-24 to -28 (1976). In the present case, the City of Fayetteville proceeded under the provisions of Part One.

Part Two governs annexation by municipalities with populations less than 5,000 persons. See generally G.S. §§ 160A-33 to -44 (1976 and Supp. 1979); see also North Carolina League of Municipalities, Mechanics of Annexation for Municipalities of Less than 5,000 (1978). Part Three regulates annexation by municipalities with populations greater than 5,000 persons. See generally G.S. §§ 160A-45 to -56 (1976); see also North Carolina League of Municipalities, Mechanics of Annexation for Municipalities of 5,000 or more (1978). Both procedures provide for public notice of the municipality’s intention to annex a specific area, as well as a public hearing on the question to provide the affected residents with an opportunity to be heard on the issue. Upon compliance with the requirements of notice and hearing, the municipal governing board may, at a regular or special meeting held no earlier than seven days after the public hearing, adopt an ordinance extending the corporate limits to include areas meeting the statutory requirements governing the character of the area to be annexed.

The procedures employed in Part One differ from those embodied in Parts Two and Three in two significant respects. First, Part One imposes no requirements which deal with the character of the area to be annexed provided that it is contiguous to the municipality. Second, municipal action under Part One is subject to veto by the voters resident in the area to be annexed if a petition demanding a referendum on the annexation proposal is signed and filed by at least fifteen percent of the voters resident in the affected area.

While Part One is fully in force in Cumberland County, Parts Two and Three are subject to a distinct modification. Through a local act of the General Assembly, affected voters of Cumberland County are empowered to exercise a veto over any annexation proposal which would otherwise be implemented by resort to the provisions of Part Two or Part Three. Chapter 1058 [7]*7of the Session Laws of 1969 provides that a municipality located in Cumberland County may not annex land pursuant to either Part Two or Part Three if, within 30 days after the publication of the notice of intent has been completed, a petition signed by a majority of the voters residing in the area to be annexed is filed with the municipality’s governing body stating that the signers of the petition are opposed to the annexation. In other words, even though a tract of land is suitably developed for annexation, the resident voters may nonetheless block the annexation upon the timely filing of an appropriate petition. For reasons which do not appear in the record and which are not properly the subject of speculation, the City of Fayetteville did not proceed to attempt to annex the property which is the subject matter of the case at bar under the provisions of Part Three. It instead sought to annex the property under the provisions of Part One.

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Cite This Page — Counsel Stack

Bluebook (online)
269 S.E.2d 142, 301 N.C. 1, 1980 N.C. LEXIS 1146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texfi-industries-inc-v-city-of-fayetteville-nc-1980.