State Court Of Appeals Dismisses Lawsuits Over Fayetteville Annexation
Posted June 7, 2005
FAYETTEVILLE, N.C. — The state Court of Appeals rejected three lawsuits challenging Fayetteville's proposed annexation Tuesday.
City Attorney Karen McDonald, who argued some of the cases before the Court of Appeals, the lawsuits were rejected because they were filed months too late.
State annexation law provides a 60-day window for property owners to challenge the adoption of any annexation they believe is invalid. However, the plaintiffs in the three cases did not file their lawsuits until five months after the 60-day window had closed.
Since the lawsuits were filed months after the deadline, the Court of Appeals ruled that they are improper and cannot proceed.
Tuesday's ruling marks a major step toward the completion of the annexation of the western portion of Cumberland County, which has now been delayed for almost a year. The city served the area for almost a week before the Supreme Court issued a stay and sent the lawsuits back to the Court of Appeals.