Judge ruled against a ‘fragmented and piecemeal annexation’
Superior Court Judge David Lee dealt a major blow to the Village of Marvin annexation plans, issuing an order Monday, May 16, denying the town’s motion to complete its 2008 annexation by excluding the lands owned by 80 petitioners listed in the LeDoyen v. Marvin appeal.
“The Court has determined that to grant the respondent’s motion in this instance would result in the irrevocable addition to the municipality of what would presently be a piecemeal and fragmented annexation,” wrote Lee in his decision. “The Court has determined that the scattered omissions of petitioners’ parcels from the area sought to immediately annexed would likely lead to confusion and would not promote the uniform and sound urban development contemplated by our annexation laws.”
Marvin’s attorneys had based their motion on North Carolina General Statute 160A-38 (h) which allows the Superior Court to permit the annexation to be effective to areas not under challenge in the courts. The 39-page motion made it clear the town intended to annex all the properties listed in the annexation ordinance, which included those properties the town had agreed to exclude for the purpose of the motion.
“We filed this motion as advised by our attorney.” said Ron Salimao, Mayor Pro Tem of Marvin. “While I am disappointed in the outcome, from this point, we will just have to wait for the Appeals Court decision”
The North Carolina Court of Appeals was to have heard oral arguments for the case on April 14, but the attorney for the LeDoyen petitioners canceled his oral presentation and instead submitted written arguments. A decision by the court is expected within weeks.