City of Wilmington files motion to dismiss lawsuit

Reported by Max Winitz - bio|email
Posted by Debra Worley - email

WILMINGTON, NC (WECT) - The City of Wilmington is responding to a lawsuit challenging the proposed annexation of Monkey Junction.

Earlier this month, petitioners filed an appeal just before the deadline to stop the City of Wilmington's plan to annex more than 1,000 acres of Monkey Junction.

A lawsuit was filed July 6 asking the city hold a new public hearing and vote.  Later that month, the city responded by filing a motion to dismiss the lawsuit.

The motion states the city has complied with all annexation laws, and the lawsuit filed by the residents and businesses in Monkey Junction is just a way to delay the process.

Wilmington Mayor Bill Saffo said he was not surprised by the suit.

"The court's going to have to make that decision as to whether we abided by those rules or if we didn't, so we'll leave that up to the court system," said Saffo.  "But this is something that we were anticipating and something that we have seen in the past. I'm sure if the city continues forward with any annexations, not only here but anywhere else in the state, that they are always going to be contested."

According to city attorney Tom Pollard, the date of the hearing has yet to be decided.

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