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COLE v. CITY OF ASHEVILLE

No. 6828SC400.

163 S.E.2d 628 (1968)

2 N.C. App. 652

A. B. COLE, Resident and Taxpayer of the City of Asheville, on behalf of himself and other taxpayers of the City of Asheville v. The CITY OF ASHEVILLE, North Carolina, a Municipal Corporation.

Court of Appeals of North Carolina.

October 23, 1968.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Hyde, by O. E. Starnes, Jr., Asheville, for defendant appellant.

Carl A. Hyldburg, Jr., and Herbert A. Wallace, Asheville, for plaintiff appellee.

MORRIS, Judge.

The validity of the ordinance creating an Asheville Transit Authority is not before us. The only error assigned is the failure of the trial court to find as a fact and conclude as a matter of law that the operation of a public transportation system is a necessary expense as the term is used in Article VII, section 6, of the Constitution of the State of North Carolina.

Article VII, section 6, provides...

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