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IN RE ANNEXATION ORDINANCE, ETC.

No. 90.

202 S.E.2d 143 (1974)

284 N.C. 442

In re ANNEXATION ORDINANCE ADOPTED BY the CITY OF CHARLOTTE, DECEMBER 11, 1972, ALBEMARLE-YORK ROAD AREA.

Supreme Court of North Carolina.

January 25, 1974.

Attorney(s) appearing for the Case

Craighill, Rendleman & Clarkson, PA, by J. B. Craighill, Charlotte, for petitioner appellant, Ruth S. Lucas.

Henry W. Underhill, Jr., H. Michael Boyd, W. A. Watts, City Attys., Charlotte, for respondent appellee, City of Charlotte.

HUSKINS, Justice:

Petitioner assigns as error the denial of her motion for a jury trial incident to review of the annexation proceeding. She contends the constitutional questions involved in this proceeding are matters with respect to which she is entitled to trial by jury and that the provisions of G.S. § 160-453.18(f) (now G.S. § 160A-50(f)) relating to review without a jury are (1) violative of Article I, Section 25 of the Constitution of North Carolina...

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