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STENHOUSE v. LYNCH

No. 7710SC646.

245 S.E.2d 830 (1978)

Beverly A. STENHOUSE, on behalf of herself and all others similarly situated v. Mark G. LYNCH, Successor in office to J. Howard Coble, Secretary of Revenue for the State of North Carolina.

Court of Appeals of North Carolina.

July 18, 1978.

Attorney(s) appearing for the Case

Davis & Postlethwait by Raymond W. Postlethwait, Jr., Charlotte, for plaintiffs.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William H. Boone, Raleigh, for defendant.

BROCK, Chief Judge.

G.S. 105-267 is applicable to the tax collection of which plaintiffs complain, and provides (as written when this action was instituted) in pertinent part as follows:

"Whenever a person shall have a valid defense to the enforcement of the collection of a tax assessed or charged against him or his property, such person shall pay such tax to the proper officer, and such payment shall be without prejudice to any defense of rights he may have...

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