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WOOD v. CITY OF FAYETTEVILLE

No. 7712SC166.

242 S.E.2d 640 (1978)

35 N.C. App. 738

C. Thomas WOOD, J. P. Riddle, as owners and lessees under long-term lease, and Donald Craig Harris, tenant, on behalf of themselves and all other property owners and tenants of the Cambridge Arms Apartments, County of Cumberland, State of North Carolina, similarly situated, Plaintiffs, v. CITY OF FAYETTEVILLE, North Carolina, and the City Council of said City, said Council consisting of Beth D. Finch, Mayor, and J. L. Dawkins, Vincent H. Shelds, Steven R. Satisky, L. Eugene Plummer, Marion C. George, Jr. and Marie W. Beard, Council, Defendants, John M. Monaghan, Jr. and Thomas M. McCoy individually, and John M. Monaghan, Jr. and Thomas M. McCoy on behalf of themselves and all other citizens, residents, and taxpayers of the City of Fayetteville, Cumberland County and State of North Carolina, similarly situated, Intervenors Defendants.

Court of Appeals of North Carolina.

April 4, 1978.

Attorney(s) appearing for the Case

Rose, Thorp, Rand & Ray by Herbert H. Thorp and Ronald E. Winfrey, Fayetteville, for plaintiffs-appellants.

Clark, Clark, Shaw & Clark by John G. Shaw, Fayetteville, for intervenors-defendants-appellees.

MITCHELL, Judge.

At the outset, we must determine whether an appeal will lie from the interlocutory order of 19 October 1976 granting the motion to intervene. It has long been the general rule in this jurisdiction that an order granting the right of intervention is not appealable, as any of the original parties may appeal from an adverse decision granting the intervenor relief on the merits. Bennett v. Shelton, 117 N.C. 103, 23 S.E. 95 (1895). Obviously the...

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