NEW HANOVER COUNTY v. PLEASANT

No. 815SC1231.

297 S.E.2d 760 (1982)

NEW HANOVER COUNTY v. Graham B. PLEASANT and wife, Glenda B. Pleasant.

Court of Appeals of North Carolina.

December 7, 1982.


Attorney(s) appearing for the Case

Murchison, Fox & Newton by Fred B. Davenport, Jr., and Louis K. Newton, Wilmington, for plaintiff-appellee.

Martin, Wessell & Queens by John C. Wessell, III, Wilmington, for defendants-appellants.


MORRIS, Chief Judge.

By their first assignment of error defendants urge that the court erred in denying their motion to dismiss pursuant to Rule 12(b) of the North Carolina Rules of Civil Procedure, for failure to state a claim upon which relief could be granted. We disagree with defendants because injunctive relief and an order of abatement are available relief, in accord with plaintiff's complaint.

Article 18 of Chapter 153A authorizes counties to plan and...

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