Pinehurst will have to wait another month to find out whether the state's highest court will hear a Pinewild annexation case.

Friday's list of petitions granted or denied by justices at the N.C. Supreme Court did not have a decision on a petition for discretionary review filed by annexation opponents after losing in a three-judge decision by the N.C. Court of Appeals.

"There are perhaps 1,100 petitions on file," said John Boesch, a leader of the group fighting annexation by the village of Pinehurst. "I don't know how they handle them, what they do, whether they take them in order - first in, first out - or what."

Without a dissent at the appeals court, there was no automatic right of appeal to the high court. Opponents asked the state Supreme Court to hear the case anyway. The next rulings will come down March 12, so the wait continues.

Lydia Boesch, herself an attorney, said opponents ought to be able to get some court to answer the simple question of whether annexation of a private, gated community is or is not a "taking" for which the Constitution mandates payment.

Asking federal or state courts to give a declaratory judgment on that question went nowhere. Federal judges refused to rule, saying that they consider such matters only after alleged takings actually occur.

At that point, affected property owners may file actions for "adverse possession" to contend the compensation received was unjust. In Carthage, Senior Resident District Court Judge James M. Webb dismissed their request for a declaratory judgment on that question and ordered them not to file it again.

In the meantime, attorneys for opponents of Pinewild's annexation are looking at other legal steps to block it. Whether the high court denies review, or actually takes the case and rules against them, they said they are not quitting, Lydia Boesch said Friday.

If annexation proceeds, the Boesches said they will go to court with other Pinewild residents to ask for payment in compensation for what they contend annexation took from them.

That isn't all they'll do, Lydia Boesch said Friday morning as she waited to hear whether the court would deny or accept review.

"Our lawyers are looking at the 'people issues' now," she said. "This appeal was only dealing with whether Pinehurst correctly followed annexation procedures. It did not address the people issues, and they are looking at whether some court could put a hold on the annexation until they are heard."

Contact John Chappell at (910) 783-5841 or by e-mail at jchappell@thepilot.com.