JONES v. CITY OF ASHEVILLE

No. 7228DC553.

190 S.E.2d 643 (1972)

Garland Thomas JONES, Jr., and wife, Lana Holmes Jones v. The CITY OF ASHEVILLE, North Carolina, a Municipal Corporation.

Court of Appeals of North Carolina.

August 23, 1972.


Attorney(s) appearing for the Case

Carl A. Hyldburg, Jr., Asheville, for plaintiff appellees.

Williams, Morris & Golding by James N. Golding, Asheville, for defendant appellant.


HEDRICK, Judge.

The questions presented upon this appeal are (1) was a valid lien for street paving created on the property owned by Dent Realty Company and (2) are plaintiffs, successors in title to a portion of said property, estopped to deny the validity of the lien?

The trial judge's conclusion that a valid lien was never created because the defendant failed to comply with the provisions of G.S. § 160-85 et seq. fails to consider the proposition that...

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