Nolan v. Village of Marvin

In Nolan v. Village of Marvin, 360 N.C. 256, 257, 624 S.E.2d 305, 306 (2006), the Supreme Court of North Carolina considered "whether the applicable annexation statutes require an annexing municipality to extend a threshold (quantitative) level of public services to the annexed territory." Village of Marvin, 360 N.C. at 257, 624 S.E.2d at 306. The Court emphasized that municipal "services must be provided on a (qualitative) nondiscriminatory basis" and that "N.C.G.S. 160A-35(3) is grounded in a legislative expectation that the annexing municipality possesses meaningful (quantitative) services to extend to the annexed property." Id. at 260, 624 S.E.2d at 308. The Supreme Court of North Carolina held that in addition to the nondiscrimination requirement, a "meaningful extension of public services to the annexed property" is required. Village of Marvin, 360 N.C. at 257, 624 S.E.2d at 306 (citing N.C. Gen. Stat. 160A-33, -35). Specifically, the Court concluded: "We agree that services must be provided on a (qualitative) nondiscriminatory basis; however, we also conclude that N.C.G.S. 160A-35(3) is grounded in a legislative expectation that the annexing municipality possesses meaningful (quantitative) services to extend to the annexed property." Id. at 260, 624 S.E.2d at 308.