FULTON v. CITY OF MORGANTON

No. 309.

132 S.E.2d 687 (1963)

260 N.C. 345

Leroy FULTON, Dr. Ralph Falls, Dr. Calvin Acuff, and Charles Mills, Citizens and Taxpayers of Burke County, and Charles Mills and Dr. Ralph Falls, Citizens and Taxpayers of City of Morganton, and other Citizens, v. CITY OF MORGANTON, a municipal corporation, Harry L. Riddle, Sr., Mayor of Morganton, Ted Ciemmer, David Rader, Roy Braddock, and Carl Ramsey, Members of Morganton City Council.

Supreme Court of North Carolina.

October 16, 1963.


Attorney(s) appearing for the Case

Davis & Brown by Allen W. Brown, Raleigh, and Simpson & Simpson by Dan Simpson, Morganton, for plaintiff appellants.

Patton & Ervin by Frank C. Patton and John H. McMurray, Morganton, for defendant appellees.


PER CURIAM.

This action was begun 15 June 1963. Plaintiffs, in their complaint, allege: (1) Plaintiffs are citizens and taxpayers of Burke County; plaintiffs Mills and Falls are also citizens and taxpayers of Morganton. (2) Defendants, acting upon a petition signed by more than 15% of the registered vote of Morganton, have, as provided in c. 413, S.L.1963, "AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF MORGANTON TO DETERMINE WHETHER OR NOT BEER AND WINE...

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