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SCARBOROUGH v. ADAMS

No. 116.

142 S.E.2d 608 (1965)

264 N.C. 631

William L. SCARBOROUGH, for himself and on behalf of any other residents and taxpayers of the "Metropolitan Sewerage District of Buncombe County" who may be interested and desirous to make themselves parties, Plaintiff, v. J. G. ADAMS, Jr., J. W. Spicer, George E. Dawson, J. R. Reagan, Ronald E. Finch, Myron Peterson, Oscar Tandy, Mrs. Robert M. Swicegood, C. LeRoy Robinson and T. S. Garrison, Sr., Members of the District Board of the "Metropolitan Sewerage District of Buncombe County," and "Metropolitan Sewerage District of Buncombe County."

Supreme Court of North Carolina.

June 18, 1965.

Attorney(s) appearing for the Case

Loftin & Loftin, by E. L. Loftin, Asheville, for plaintiff appellant.

Anthony Redmond, Asheville, for defendant appellee.

HIGGINS, Justice.

The Board of Commissioners of Buncombe County in conjunction with the State Stream Sanitation Committee created in the manner provided by G.S. §§ 153-295 through 153-324 the Metropolitan Sewerage District of Buncombe County. Prior to the creation the city, the three towns, and nine of the ten sanitary sewerage districts each maintained its individual sewerage system. The tenth (Venable Sanitary District) did not have "a public sewerage...

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