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SHAW v. CITY OF ASHEVILLE

No. 126.

152 S.E.2d 139 (1967)

269 N.C. 90

Alan SHAW, as a Taxpayer and Voter in and of the City of Asheville, North Carolina, on behalf of himself and all other Taxpayers and Citizens of said City who may desire to join in this Action v. The CITY OF ASHEVILLE, a Municipal Corporation, The Honorable Earl Eller, Mayor of said City, William F. Algary, Robert P. Crouch, J. Walter McRary, Clarence E. Morgan, Frank Mulvaney, and Theodore B. Sumner, Members of the City Council of said City, J. Weldon Weir, City Manager of said City, and Asheville Cablevision, Inc., a North Carolina Corporation.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Parker, McGuire & Baley by Frank M. Parker and Richard A. Wood, Jr., Asheville, for plaintiff appellant.

O. E. Starnes, Jr., Vanwinkle, Walton, Buck & Wall, by Herbert L. Hyde, Asheville, for City of Asheville.

G. Edison Hill, Asheville, for Asheville Cablevision, Inc.

Kennedy, Covington, Lobdell & Hickman, by Charles V. Tompkins, Jr., Charlotte, amicus curiae.

LAKE, Justice.

The plaintiff is stipulated by the parties and found by the superior court to be a citizen and taxpayer of the city. As such, he was authorized to maintain this action on behalf of himself and all others similarly situated. In Wishart v. City of Lumberton, 254 N.C. 94, 118 S.E.2d 35, suit was instituted by a citizen and taxpayer of the defendant city to enjoin it from using a city owned...

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