The state Supreme Court ruled that North Charleston had the right to annex the Barry tract because Summerville failed to give proper notice for a hearing on a prior annexation of the tract, rendering it invalid, The Post and Courier is reporting. The ruling upholds an earlier circuit court decision in favor of North Charleston.
From the court's full ruling:
We hold that summary judgment was properly granted in favor of the City of North Charleston on the question whether less than thirty days elapsed between April 28, 2005, the date Summerville published notice of its hearing, and May 27, 2005, the date Summerville enacted its annexation ordinance. The order of the circuit court is AFFIRMED.
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