BROADWAY v. TOWN OF ASHEBORO

No. 530.

108 S.E.2d 441 (1959)

250 N.C. 232

J. Furman BROADWAY, Annie B. Broadway, Boyd L. Cheek, Geraldine Cheek, Leon Brammer and Claudia B. Brammer, v. TOWN OF ASHEBORO.

Supreme Court of North Carolina.

April 29, 1959.


Attorney(s) appearing for the Case

Ottway Burton, Don Davis, Asheboro, for appellants.

Archie L. Smith, Asheboro, for appellee.


RODMAN, Justice.

Plaintiffs appeal from an order sustaining a demurrer ore tenus for that the complaint fails to state a cause of action. Plaintiffs pray that street paving assessments levied against their properties be declared invalid. As the basis for the relief sought they allege: the City Clerk of Asheboro, on 13 October 1953, delivered to one Lamphere a blank petition asking for the paving of East Presnell Street from North Elm Street to Vance Street, a copy...

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