Village files court action to drop LeDoyen petitioners from annexation
A legal fight that’s gone on for more than two years may soon be over, as the Village of Marvin agreed to remove properties owned by the LeDoyens and 80 other families from consideration to be annexed. In exchange, the village asked the North Carolina Superior Court to allow their planned annexation to be processed quickly, requesting a decision May 9.
The LeDoyen family and 80 other property owners in unincorporated Union County sued the village in 2008, opposing the involuntary annexation Marvin planned.
The three-year old case is currently awaiting a decision from the North Carolina Court of Appeals. If allowed, the annexation would add 14 subdivisions and more than 1440 homes into Marvin.
By removing the homeowners from the annexation order, Marvin has in effect, ended their legal case for appeal. In a subsequent action, Marvin has reportedly filed a motion in Union County Superior Court asking the court grant the village the immediate authority to go ahead with its annexation ordinance.
The opposition almost immediately responded, filing a motion Tuesday, May 3 that the court deny the request by the town to accelerate the annexation. Chapel Hill attorney Robert Hornik Jr., who represents the 80 property owners, could not be reached for comment before press time.
“This court no longer has jurisdiction over this matter, during the pendency of the appeal,” Hornik wrote in the filing. “It is a long standing general rule that an appeal removes a case from the jurisdiction of the trial court.”
When contacted, both Marvin Council members Anthony Burman and Ron Salamio refused to comment on the town’s actions.
“Our attorney told us not to comment, this is an ongoing legal issue,” Salimao said.
Though unconfirmed at press time, Marvin expects a hearing date on Thursday, May 12.
Details of the motion were not revealed, but a review of the North Carolina annexation statues does speak to a process where the municipality may petition the Superior Court to permit annexation in those areas “which no appeal is being made”, thus allowing Marvin to complete its annexation plans. If granted, the court action would not be subject to appeal.