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SINGLETARY v. McCORMICK

No. 7716SC640.

244 S.E.2d 731 (1978)

Bertha Mitchell SINGLETARY, Julius Thurman Singletary, Individually and on behalf of others similarly situated v. Frank McCORMICK, C. E. Inman, Lloyd Pate, Elbert Ford, Bobby Melton, R. F. Floyd, A. D. Lewis, Ecil Griffin, Charles Tedder, Pat Pittman, Paul Thompson, Jr., Argus Grimsley, Lenwood Rich, John F. Floyd and Harold Herring, Deacons of the First Baptist Church of Fairmont, North Carolina, Robert F. Floyd, C. V. Floyd and A. D. Lewis, Trustees of the First Baptist Church of Fairmont, North Carolina, North Carolina Department of Transportation and the Town of Fairmont.

Court of Appeals of North Carolina.

June 6, 1978.

Attorney(s) appearing for the Case

McLean, Stacy, Henry & McLean by Everett L. Henry, Lumberton, for plaintiffs-appellants.

I. Murchison Biggs, Lumberton, for defendants-appellees.

CLARK, Judge.

The determination of the issue on appeal requires an interpretation of G.S. 65-13(a)(2), which authorizes grave removal

". . . in order to erect a new church, parish house, parsonage, or any other facility owned and operated exclusively by such church; in order to expand or enlarge an existing church facility; . ." [Emphasis added.]

The plaintiffs take the position that the...

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