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• w <br /> 3 <br /> (1) Any party to an agreement entered into under this section who <br /> believes that another party has adopted an involuntary annexation <br /> ordinance in violation of the agreement may appeal the annexation <br /> in the manner set forth in G.S. 160M-38 or G.S. 160A-50 (as <br /> appropriate), except that the petitioning party to such an <br /> agreement need not demonstrate material injury or prejudice beyond <br /> the violation of the agreement. If the court concludes that the <br /> agreement has been violated, it shall , in addition to any other <br /> appropriate remedy, remand the ordinance to the municipal <br /> governing board for amendment of the annexation boundaries to <br /> exclude the area included in violation of the agreement. <br /> (2) Any party to an agreement who believes that another party has <br /> adopted a voluntary annexation ordinance in violation of the <br /> agreement may, not later than 30 days after the adoption of any <br /> such ordinance, file a petition in the superior court of the <br /> county in which the municipality is located seeking review of the <br /> action of the governing board adopting such ordinance. <br /> (a) Such petition shall explicity state what exceptions are taken <br /> to the action of the governing body and what relief the <br /> petitioner seeks. Within 5 days after the petition is filed <br /> with the court, the party seeking review shall serve copies <br /> of the petition by certified mail, return receipt requested, <br /> upon the annexing municipality. <br /> (b) Within 15 days after receipt of the copy of the petition for <br /> review, or within such additional time as the court may <br /> allow, the municipality shall transmit to the reviewing court <br /> a copy of the annexation petition as well as a copy of the <br /> annexation ordinance and any other minutes or documents that <br /> constitute the record of the annexation procedure. <br /> (c) The court shall fix the date for review of annexation <br /> proceedings under this part, which review shall prefereably <br /> be within 30 days following the date of the petition to the <br /> end that review shall be expeditious and without unnecessary <br /> delays. The review shall be conducted by the court without a <br /> jury. The court may hear oral arguments and receive written <br /> briefs, and may take evidence intended to determine whether <br /> there has been a violation of an agreement authorized under <br /> this section. <br /> (d) If• the court determines that there has been a violation of an <br /> annexation agreement, it shall declare the annexation null <br /> and void and may order any additional relief that appears <br /> appropriate. <br /> (e) If an area that has been voluntarily annexed is the subject <br /> of an appeal to the superior court or Court of Appeals on the <br />