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WOOD v. CITY OF FAYETTEVILLE

No. 7912SC14.

259 S.E.2d 581 (1979)

43 N.C. App. 410

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. Shields, 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.

November 6, 1979.

Attorney(s) appearing for the Case

Rose, Thorp, Rand & Ray by Ronald E. Winfrey, Fayetteville, for plaintiffs-appellees.

MacRae, MacRae, Perry & Pechmann by James C. MacRae, Fayetteville, for defendant-city appellant.

Clark, Shaw, Clark & Bartelt by John G. Shaw, Fayetteville, for intervenor-defendants-appellants.

PARKER, Judge.

INTERVENOR-DEFENDANTS' APPEAL

On this appeal the intervening defendants have sought to raise several questions concerning the trial court's rulings which resulted in its refusal to hear argument on or to pass on the constitutionality of Section 2 of Chapter 1058 of the 1969 Session Laws. Because we find that the intervenors lack standing to challenge the constitutionality of that statute, we do not consider the merits of these contentions...

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