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REDMOND v. CITY OF ASHEVILLE

No. 7428SC693.

209 S.E.2d 820 (1974)

23 N.C. App. 739

James S. REDMOND and wife, Mayme Hollis Redmond v. The CITY OF ASHEVILLE, North Carolina.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Bruce A. Elmore by George W. Moore, Asheville, for plaintiff appellant.

Patla, Straus, Robinson & Moore, P. A. by Victor W. Buchanan, Asheville, for defendant appellee.

VAUGHN, Judge.

Plaintiffs contend that their letter to the City Manager should be adjudged substantial compliance with the charter requirement that the claim be presented to the City Council. The Supreme Court of North Carolina has decided otherwise. "The statute and the decided cases do not permit the court to repeal the plain wording of the requirement that notice in writing be given to the named officials . . . Relaxation of the rules is within the jurisdiction...

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