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WALL v. CITY OF DURHAM

No. 7814SC810.

255 S.E.2d 739 (1979)

41 N.C. App. 649

J. E. WALL, As Trustee in Bankruptcy for Roberts Construction Company, Inc., R-A Properties, and Palm Park, Inc. (successor to Hazard Cannon d/b/a Cannon Construction Company); Robinson O. Everett and Kathrine R. Everett d/b/a Holly Hills Apartments, and Holly Hills Apartments, Inc., and Poplar Apartments, Inc. v. CITY OF DURHAM, a Municipal Corporation.

Court of Appeals of North Carolina.

June 19, 1979.

Attorney(s) appearing for the Case

Everett, Everett, Creech & Craven by Robinson O. Everett and Robert D. Holleman, Durham, for plaintiffs-appellants.

William I. Thornton, Jr., and Claude V. Jones, Durham, for defendant-appellee.

HEDRICK, Judge.

By assignments of error thirteen, sixteen, and seventeen, plaintiffs contend that the court erred in concluding that the defendant's ordinance and billing practice was not unreasonably discriminatory and was justified by a factual basis. We agree.

The authority of a municipal corporation to own, operate, and finance a public utility is granted by G.S. § 160A-312. The authority to fix and enforce...

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