Background: Five cities have filed a lawsuit challenging the constitutionality of the new annexation reform law. Specifically the cities challenge the fact that only landowners are allowed to sign the petition to deny the annexation. They are describing the petition as a "vote".

The lawsuit only named the State of North Carolina, the State Board of Election, and the various county Board of Elections as defendants.

The State Attorney General will defend the State and each Board of Elections will have their own lawyer. Several citizen groups in the affected areas and FAC have joined together to hire an attorney to seek representation in the lawsuit. The purpose of the "motion to intervene" was to allow the citizens in the contested areas to participate in defending the new law.

Outcome: On Monday Judge Manning of the Wake County District Court ruled to give the citizens' lawyer Jim Eldridge "limited participation". The only limitation appears to be that Mr. Eldridge will not be able to do depositions or seek discovery...powers that Mr. Eldridge didn't expect to need anyway. In other words this is definitely a win for the citizen.

It is unknown at this time when the lawsuit itself will be heard.

Tony Tetterton

Fair Annexation Coalition