ThePilot.com : Village, Pinewild Differ On 'Taking': "The attorney for the village of Pinehurst says a new lawsuit by Pinewild annexation opponents is wrong, filed in the wrong court and filed at the wrong time.

Pinewild resident Lydia Boesch and other plaintiffs in the suit want a state court to declare that annexation laws don't apply to gated communities such as Pinewild.

Their complaint asks the court to ' interpret the forced annexation statutes and declare that said statutes do not apply to private, gated common interest communities ' and declare that municipalities such as Pinehurst cannot use these laws 'to involuntarily annex private, gated common interest communities.'"
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This is an argument I have not run across. The village attorney, of course, says annexing a private community is no different than any other property. There is also a takings clause claim. These are intriguing ways to defend against annexation and it would be interesting to see their briefs.