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TEXFI INDUSTRIES, INC. v. CITY OF FAYETTEVILLE

No. 7912SC38.

261 S.E.2d 21 (1979)

44 N.C. App. 269

TEXFI INDUSTRIES, INC., a corporation v. The CITY OF FAYETTEVILLE, a municipal corporation, Beth Finch, Mayor, and J. L. Dawkins, Wayne Williams, Mildred Evans, Bill Hurley, George Markham, Marion George, Members of the City Council of the City of Fayetteville, and A. D. Johnson, Acting Tax Collector for the City of Fayetteville.

Court of Appeals of North Carolina.

December 18, 1979.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper by L. Stacy Weaver, Jr. and Reginald M. Barton, Jr., Fayetteville, for plaintiff-appellant.

Robert C. Cogswell, Jr., Fayetteville, for defendants-appellees.

CLARK, Judge.

I. STANDING

We agree with appellees that there is a fine line between the issue of standing and the issue of failure to state a claim. One may have standing to assert a claim which the Court in its final analysis decides has no merit. The gist of standing is whether there is a justiciable controversy being litigated among adverse parties with substantial interest affected so as to bring forth a clear articulation of the issues before the court...

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