Can we defeat the City of Asheville in its attempt to annex Biltmore Lake, and other surrounding neighborhoods?
The answer is YES! The primary development is Nolan v. Village of Marvin, 360 N.C. 256, which was decided by the North Carolina Supreme Court in January 2006. In that case, the Village of Marvin attempted to annex a community, but was offering few services in exchange for the taxes that would be imposed. The Court held, for the first time, that in order for a municipality to forcibly annex an area, the municipality must provide a threshold level of services to the annexed area that would benefit property owners in a meaningful way To read the full opinion, please see http://www.aoc.state.nc.us/www/public/sc/opinions/2006/pdf/488-05-1.pdf Opinion states: “The Village of Marvin did not substantially comply with statutory procedures for an involuntary annexation because the services provided simply filled needs created by the annexation itself, without conferring significant benefits on the annexed property owners and residents. Although the administrative services which the Village propo
The answer is YES! The primary development is Nolan v. Village of Marvin, 360 N.C. 256, which was decided by the North Carolina Supreme Court in January 2006. In that case, the Village of Marvin attempted to annex a community, but was offering few services in exchange for the taxes that would be imposed. The Court held, for the first time, that in order for a municipality to forcibly annex an area, the municipality must provide a threshold level of services to the annexed area that would benefit property owners in a meaningful way To read the full opinion, please see http://www.aoc.state.nc.us/www/public/sc/opinions/2006/pdf/488-05-1.pdf Opinion states: “The Village of Marvin did not substantially comply with statutory procedures for an involuntary annexation because the services provided simply filled needs created by the annexation itself, without conferring significant benefits on the annexed property owners and residents. Although the administrative services which the Village propo
