Opinion
No. 396PA89
Filed 10 May 1990
ON respondent Town of Stallings' petition for discretionary review of the decision of the Court of Appeals, 95 N.C. App. 64, 382 S.E.2d 221 (1989), affirming an order of Albright, J., entered out of session on 16 June 1988 by consent of the parties after hearing at the 23 May 1988 Civil Session of Superior Court, UNION County, remanding an annexation ordinance to the Town pursuant to N.C.G.S. 160A-38 (g)(2). Heard in the Supreme Court 9 April 1990.
Thomas, Harrington Biedler, by Larry E. Harrington, and Smith, Helms, Mulliss Moore, by Larry B. Sitton, for petitioner-appellees.
Griffin, Caldwell, Helder Lee, P.A., by W. David Lee, for respondent-appellant Town of Stallings.
North Carolina League of Municipalities, by S. Ellis Hankins, General Counsel, and Kimberly L. Smith, Assistant General Counsel, amicus curiae.
Discretionary review improvidently allowed.