Gated Community Loses Annexation Fight
Posted February 19, 2008 1:49 p.m. EST
Carthage, N.C. — A judge ruled Monday that a gated community has no more right than anyplace else to fight off annexation by a municipality.
Sixty people who live in Pinewild do not want to be annexed by Pinehurst, where the Village Council voted to annex the community effective June 30 if legal issues are resolved by then.
Superior Court Judge Lindsay R. Davis Jr. said there is no legal question to decide. Mike Newman, the village's attorney, said the decision meant gated communities have no more power to resist annexations than any other property owners.
A federal lawsuit claiming the annexation is an illegal taking that will reduce homeowners' property values is pending.