BIG BEAR OF N. C., INC. v. CITY OF HIGH POINT

No. 7618SC921.

235 S.E.2d 911 (1977)

BIG BEAR OF NORTH CAROLINA, INC., Belk-Beck Co., Colonial Stores, Inc., K & W Cafeteria, Inc., Roes's Stores, Inc., Winn-Dixie Food Stores, Inc., Wagner Tire Service, Inc. and S. S. Kresge Co. v. The CITY OF HIGH POINT, North Carolina.

Court of Appeals of North Carolina.

July 6, 1977.


Attorney(s) appearing for the Case

Morgan, Byerly, Post, Herring & Keziah, by W. B. Byerly, Jr., High Point, for plaintiffs-appellants.

Knox Walker, City Atty., High Point, for defendant-appellee.


ARNOLD, Judge.

Plaintiffs assign error to the findings of fact and conclusions of law by the trial court. They argue that payments for collection of trash and garbage were under such compulsion or coercion as to make the payments involuntary. The City's position is that since plaintiffs had voluntarily purchased the dumpster boxes prior to enactment of the ordinance the only involuntary act by plaintiffs was the payment of the fees, and that the portion of the ordinance...

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