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What is the litigation status on the impending Monkey Junction annexation?

Patrick Gannon

As of late November 2009, the action in the lawsuit challenging the annexation of the Monkey Junction area is going on behind the scenes.

The case is in the discovery phase, with both sides requesting information from the other side and preparing documents for the other side.

No hearing or trial dates have been set, and no judge has been assigned to the case, said city attorney Carolyn Johnson.

In early July, Wilmington attorney James Eldridge filed the lawsuit on behalf of several residents and business owners in the Monkey Junction area: Royal Palms MHP (Mobile Home Park) LLC; E. Alan Rusher; Robert Ellyson and his wife, Deborah; and Walter Harris III and his wife, Diane.

The petitioners are asking the court to declare the annexation – approved by the Wilmington City Council May 5 – null and void, or to remand it back to the council for a new public hearing and vote.

The area to be annexed includes about 950 acres, 3,300 residents and many businesses in the Monkey Junction area, just south of the current city limits.

Unless it’s delayed or successfully challenged, the annexation is expected to take effect June 10.

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One Response to “ What is the litigation status on the impending Monkey Junction annexation?”

  1. On January 4, 2011 at 4:10 pm Jim Ware wrote:

    Here’s a link to an updated answer about the status of the city of Wilmington’s efforts to annex Monkey Junction: http://www.myreporter.com/?p=6624.

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