Monkey Junction to receive city services

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Submitted: Wed, 04/04/2012 - 3:36am
Updated: Wed, 04/04/2012 - 12:39pm

WILMINGTON, NC (WWAY) — Tuesday night following a closed session, the Wilmington City Council agreed to take immediate steps to provide city services to residents in the Monkey Junction area. The Council made the determination in the wake of a court ruling last week that the new annexation statutes approved by the General Assembly in 2011 are unconstitutional.

According to state law, the Monkey Junction annexation became effective the day the court made the ruling, which was March 27. Wilmington City Manager Sterling Cheatham says the city felt it had to take steps to begin providing city services to comply with state law and to protect the city from potential liability even though the ruling could still be appealed or the General Assembly could still make further changes to the annexation laws.

“We must follow the law and also take the necessary steps to protect the city even as further legal challenges or reforms to the law are considered,” said Cheatham.

A Wake County Superior Court judge ruled on March 27 that the new annexation statutes approved by the General Assembly in 2011 are unconstitutional. This was the first legal ruling on statutes enacted by the General Assembly in 2011 that require cities to get approval from a majority of affected property owners before annexations can go forward. Wilmington and four other NC cities that had active annexations in process when the new law was passed filed a lawsuit earlier this year challenging the constitutionality of the new statutes.

The City Council annexed the Monkey Junction area in 2009 in accordance with state law in place at the time. Subsequent legal challenges to the annexation were turned down by both the New Hanover County Superior Court and the NC State Court of Appeals.

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21 Comments on "Monkey Junction to receive city services"

2015 years 8 months ago

Warned Mayor Saffo against this type of thing..and it’s going to be funny when the NC Legislature passes something to STOP this permanently. They can stop the MJ thing NOW…just fired off a few letters of my own.

2015 years 8 months ago

Did the Monkey Junction annexation move forward in any way because the NC Legislature passed protective legislation regarding annexation the same day the MJ annexation was to proceed? I hear that fact mentioned but not legally connected to the action.

2015 years 8 months ago

Somebody has to pay for the new baseball stadium they are going to shove down our throats.

2015 years 8 months ago

You will see the deputies patrolling in every part of this county. It doesn’t matter where they are at in this county it is in their jurisdiction.

2015 years 8 months ago

Strange … I saw a sheriff patrolling the area today … no wpd anywhere in sight … so much for city services …

2015 years 8 months ago

When will Judges stop making laws, and or abusing the power invested in them. New Hanover county got rid or one judge a few years back that was disbarred a few years later. When the fox gaurds the hen house you will never have eggs to eat. As long as Lawyers and judges discipline each other through the BAR then we will always have the good old boys club and there will never be any true checks and balances or justice. A JUDGE IS SUPPOSE TO APPLY THE LAW NOT REWITE IT AS THEY SEE FIT. This Ignorant one in Wake county will get hers in due time just as the one in New Hanover did a few years back.

2015 years 8 months ago

Due to her connection to the principals involved, that judge should have recused herself..

2015 years 8 months ago

And the judge who made that decision last week is none other than Tony Rand’s daughter-in-law…..conflict of interest me thinks!!!!

2015 years 8 months ago

What can they offer us we don’t already have?????

Trash? — Got it and we have 2-3 to choose from.

Police? — Sheriffs do a fine job!

Fire and Rescue? — MGFD once again fine job…

Road Repair? — There is a magic fairy that seriously repairs pot holes sometime in the wee hours.

Sorry Wilmington MJ has all we need. Take you Annex and shove it!

Guest CommonTater
2015 years 8 months ago

when I took part in the last “land grab”. This isn’t about what they can offer you as you already know the answer. This is about the tax money these fools want…. They clearly don’t have enough to pi$$ away as is.

That is all….

Peyton Garrett
2015 years 8 months ago

This should start the firestorm falling. This should start the ball rolling for legal precedent involving involuntary annexation and what it means for the rest of surrounding communities here in New Hanover County that are currently in the sites of Council for future and inevitable annexation. It really is time to start the consolidation process, quit duplicating services, streamline costs and move on.

jim parker
2015 years 8 months ago

1} can not believe anyone with common sense would think it unconstitutional to only let land owner’s in areas to be considered for annexation vote, who else is effected ?
2} can not believe that wilmington is going ahead with this annexation with more litigation coming, what a waste of city time and money at this time.
3} this just proves the stupidity and greed of judges and cities with no
thought for what is right.
4} i have already e-mailed Goolsby, he is still fighting for us.

2015 years 8 months ago

City is just greedy..if I wanted to be in the city I would have purchased in the city..and if we are annexed I will be putting my house on the market and leaving this greedy town to our greedy mayor and his peeps.

Justin America
2015 years 8 months ago

The people being annexed did not vote for the people who are actively annexing.

2015 years 8 months ago

Neither did a lot of the people who signed the petitions. Many of them don’t live in Wilmington, so they don’t vote in Wilmington, but yet they still could sign the petitions.

2015 years 8 months ago

The government is the people. We vote for or against the people running. We have the government we deserve. If people don’t like them, they can vote them out. You don’t have to resort to picking up firearms just because your person lost in the election. Majority Rules and if you don’t like that you can move to Mexico or somewhere.

2015 years 8 months ago

Isn’t “annexation” how this country was founded? From the pilgrims to the westward expansion. Thought it was a part of American History.

2015 years 8 months ago

this annexation trend then there will be no need whatsoever to have a county council, county FD, sheriffs dept. As soon as you enter NHC it will also have a sign that says Wilmington City Limits. This has to be he ONLY county in the state where over 75% (it seems)of the county is within a city limits.

Enough Already! Leave MJ alone, we don’t want ANY of your services!

Old Guy
2015 years 8 months ago

To all of the Monkey Junction Cry babies,
Did you actually think the government was going to just let this go? Well I have some ocean front property to sell you on the mohave’ desert. Let’s look back at several of the other areas that tried and failed. The biggest “Landfall”. They spent millions and millions buying the high priced lawyers and politicians that did absolutely nothing to help. Give up! You are not going to win this just get used to it!
Let’s look at the apartments going up on north Market Street not. The county is fighting the city and the county is giving contraceptives to the women on welfare. You all are trusting the wrong people. Don’t count on your fellow voters either they won’t stand up when the time comes. Again, learn to live with it they will win anyway!

2015 years 8 months ago

Mark my words – if overreaching government does not rein itself in and people begin to feel powerless to do it at the polls, people are going to start reaching for firearms.

The time may not be here yet, but it’s coming if the American people cannot reclaim their own country.

2015 years 8 months ago

As soon as you folks get up and put some action behind your post, you could put this commission on its head where it belongs. The Women did it with the family planning Grant. So get up or shut up.