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HORTON v. REDEVELOPMENT COMMISSION OF HIGH POINT

No. 686.

140 S.E.2d 728 (1965)

264 N.C. 1

W. W. HORTON, A. G. Whitener, Whitener Realty Company, Inc., Woodworkers Supply Company, Inc., et al., on behalf of themselves and all other taxpayers of the City of High Point, Plaintiffs, v. REDEVELOPMENT COMMISSION OF HIGH POINT et al., Defendants.

Supreme Court of North Carolina.

March 17, 1965.

Attorney(s) appearing for the Case

Harriss H. Jarrell, High Point, for plaintiff appellants.

Knox Walker, Haworth, Riggs, Kuhn & Haworth, by John Haworth, High Point, Jordan, Wright, Henson & Nichols, by Welch Jordan, Greensboro, for defendant appellees.

Joyner & Howison, Raleigh, and Arnold B. McKinnon, Gen. Atty., Washington, D. C., amici curiae.

RODMAN, Justice.

It is now settled by the opinions rendered on the prior appeals: (1) The complaint states a cause of action; (2) the city had not, when the last appeal was heard, established its right to consummate five of the items which it had agreed to perform as a part of its contract with the Commission. These five items are enumerated in the opinion reported 262 N.C. 306,

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