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Planning Board - 120121
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Planning Board - 120121
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11/23/2021 2:17:32 PM
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Date
12/1/2021
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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Planning Board minutes - 120121
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36 <br /> person seeking review shall serve copies of the petition by registered mail,return receipt requested, upon <br /> the municipality. <br /> (c) Within 15 days after receipt of the copy of the petition for review or within such additional <br /> time as the court may allow, the municipality shall transmit to the reviewing court both of the following: <br /> (1) A transcript of the portions of the municipal journal or minute book in which the <br /> procedure for annexation has been set forth. <br /> (2) A copy of the report setting forth the plans for extending services to the annexed area <br /> as required in G.S. 160A-58.53. <br /> (d) If two or more petitions for review are submitted to the court, the court may consolidate all <br /> such petitions for review at a single hearing, and the municipality shall be required to submit only one <br /> set of minutes and one report as required in subsection (c) of this section. <br /> (e) At any time before or during the review proceeding, any petitioner or petitioners may apply <br /> to the reviewing court for an order staying the operation of the annexation ordinance pending the outcome <br /> of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper, <br /> and it may permit annexation of any part of the area described in the ordinance concerning which no <br /> question for review has been raised. <br /> (f) The court shall fix the date for review of annexation proceedings under this Part,which review <br /> date shall be expeditious and without unnecessary delays. The review shall be conducted by the court <br /> without a jury. The court may hear oral arguments and receive written briefs and may take evidence <br /> intended to show one or more of the following: <br /> (1) That the statutory procedure was not followed. <br /> (2) That the provisions of G.S. 160A-58.53 were not met. <br /> (3) That the provisions of G.S. 160A-58.54 have not been met. <br /> (4) That the provisions of G.S. 160A-58.50 have not been met. <br /> (g) The court may affirm the action of the governing board without change, or it may order any <br /> of the following: <br /> (1) Remand the ordinance to the municipal governing board for further proceedings if <br /> procedural irregularities are found to have materially prejudiced the substantive rights <br /> of any of the petitioners. <br /> (2) Remand the ordinance to the municipal governing board for amendment of the <br /> boundaries to conform to the provisions of G.S. 160A-58.54 if it finds that the <br /> provisions of G.S. 160A-58.54 have not been met; provided, that the court cannot <br /> remand the ordinance to the municipal governing board with directions to add area to <br /> the municipality which was not included in the notice of public hearing and not <br /> provided for in plans for service. <br /> (3) Remand the report to the municipal governing board for amendment of the plans for <br /> providing services to the end that the provisions of G.S. 160A-58.53 are satisfied or to <br /> correct errors in [the] municipal governing board's estimates that fall below the <br /> standards in G.S. 160A-58.63. <br /> (4) Declare the ordinance null and void, if the court finds that the ordinance cannot be <br /> corrected by remand as provided in subdivisions (1), (2), or (3) of this subsection. <br /> If any municipality shall fail to take action in accordance with the court's instructions upon remand <br /> within 90 days following entry of the order embodying the court's instructions,the annexation proceeding <br /> shall be deemed null and void. <br /> (h) Any party to the review proceedings, including the municipality, may appeal to the Court of <br /> Appeals from the final judgment of the superior court under rules of procedure applicable in other civil <br /> cases. The superior court may, with the agreement of the municipality, permit annexation to be effective <br /> with respect to any part of the area concerning which no appeal is being made and which can be <br />
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