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YOKLEY v. CLARK

No. 670.

136 S.E.2d 564 (1964)

262 N.C. 218

J. Bruce YOKLEY, Howard Loflen and Howard Scott, and Other Taxpayers, v. Mayor E. T. CLARK, Commissioners Maynard Beamer, Fletcher Harris, L. M. Lamm, Charles Lowry, Martin A. Thomas and Clerk J. C. Hill of the Town of Mount Airy, N. C., et al.

Supreme Court of North Carolina.

June 12, 1964.

Attorney(s) appearing for the Case

J. N. Freeman, Mt. Airy, Womble, Carlyle, Sandridge & Rice, by I. E. Carlyle and H. Grady Barnhill, Jr., Winston-Salem, for plaintiff appellants.

John C. W. Gardner, of Barber & Gardner, Mt. Airy, for defendant Town of Mount Airy, appellee.

Fred Folger, Jr., of Folger & Folger, Mt. Airy, for defendant County of Surry, appellee.

Thomas M. Faw, of Woltz & Faw, Mt. Airy, for defendant Mount Airy-Surry County Airport Authority, appellee.

HIGGINS, Justice.

According to the Census of 1960, Surry County had a population of 48,205. The Town of Mount Airy had a population of 7,055. For the year 1963 a total of ten airplanes were listed for taxes in Surry County. An air strip with a topsoil runway 1,800 feet long (not useable in bad weather) is privately owned and privately maintained near Mount Airy. The nearest modern airfield is at Winston-Salem, 38 miles...

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