IN RE INCORPORATION OF INDIAN HILLS, JACKSON CO.

No. 7030SC25.

174 S.E.2d 850 (1970)

In re INCORPORATION OF INDIAN HILLS, JACKSON COUNTY, North Carolina.

Court of Appeals of North Carolina.

June 24, 1970.


Attorney(s) appearing for the Case

McGuire, Baley & Wood, by J. M. Baley, Jr., Asheville, for appellants.

Stedman Hines, Bryson City, for appellees.


BROCK, Judge.

G.S. § 160-196 (in effect at the time this proceeding was heard) provides that the area proposed to be incorporated "shall not be a part of nor within three miles of the area included in the limits of any city, town, or incorporated village * * *."

Although there was pertinent evidence before the Municipal Board of Control, it failed absolutely to make any finding of fact with respect to whether the above quoted portion of the statute was...

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