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Appeals Court affirms nullification of McLeansville annexation

Tuesday, May 17, 2011
(Updated 12:38 pm)

McLeansville residents fighting annexation to Greensboro won another round in court today.

A three-judge panel of the N.C. Court of Appeals affirmed a trial court’s earlier decision to nullify a 2009 annexation.

Four residents had sued the city to fight the annexation, which involved three subdivisions encompassing 151 acres and about 285 homes just off Interstate 85 in the area of Mount Hope Church Road.

Between 1997 and 2000, developers of those subdivisions — Whitehurst Village, Hartwood Village and Laurel Park — asked for city water and sewer. In exchange for the infrastructure, developers petitioned for the city to annex the subdivisions.

But when the city decided to annex the land years later, some people who bought those homes said they did not know their neighborhoods were going to become part of Greensboro. They argued the city could not hold them to annexation agreements made with the subdivision developers.

In February 2010, Superior Court Judge Edwin G. Wilson agreed with the residents and nullified the annexation.

The city appealed, arguing before the Appeals Court in November that state law allows the city to enter binding annexation agreements — and those agreements should apply to future owners.

Comments

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flagstik

May 17, 2011 - 12:42 pm EDT

Great news for those folks. Glad to see the system still works.

tledford

May 17, 2011 - 2:37 pm EDT

So I guess that means that if the City decides not to appeal further, it can discontinue the water and sewer service for these people? I wonder if they considered that. :-)

StealYourFace

May 17, 2011 - 3:07 pm EDT

The City likely can not discontinue those services. The homes were allowed to be constructed on smaller lots *because* of the availability of water/sewer. Besides, the City will earn higher rates from the sale of water/sewer service to these individuals. The City *SHOULD* discontinue all other services (police, fire, garbage, street maintenance, etc.) for those individuals, if they haven't already. I think people fail to realize what a good deal they get for their tax dollars. The City won't make that "mistake" again, though. From now on, you'll see any annexations of property happen BEFORE any services are extended. That'll make it tougher on developers. I wonder if TREBIC (Triad Real Estate Business Industry Coalition) has thought of that?

Mad Dog

May 17, 2011 - 3:04 pm EDT

tledford,

I think the city can continue the water & sewer but charge a higher rate to non-city residents. Didn't the folks in the Cardinal pay more for water & sewer before they were annexed?

MD

The Facts

May 19, 2011 - 12:28 am EDT

The Facts are in this Matter are that when we were in the City of Greensborowe never got the services like the rest of the people get and in FACT are water rates are 3X the city rates. Greensboro like us in their city for one and only point for are MONEY!!!!!!!!!

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