GARLAND v. CITY OF ASHEVILLE

No. 8228SC523.

305 S.E.2d 66 (1983)

Gail GARLAND and husband, John Garland, Jr., Mrs. L.C. White, Floyd C. White and wife, Dorothy White, Louis White and wife, Mary White, Mrs. Ivory Armstrong and Glenwood Associates, a partnership v. CITY OF ASHEVILLE, a municipal corporation, Roy W. Trantham, Mayor of the City of Asheville, F. Jack Cole, Ralph D. Morris, Jr., Norma Price, Walter R. Bowland, Harold Brownlee, and Rev. H.C. Wilkes, Members of the City Council of the City of Asheville.

Court of Appeals of North Carolina.

August 2, 1983.


Attorney(s) appearing for the Case

Long, Parker, Payne & Matney by Robert B. Long, Jr. and Ronald K. Payne, Asheville, for petitioners-appellees.

Herbert L. Hyde and Redmond, Stevens, Loftin & Currie by John S. Stevens and Thomas R. West, Asheville, for respondent-appellant.


EAGLES, Judge.

For the reasons discussed in the concurring opinion to In re Annexation Ordinance No. 1219 Adopted by City of Asheville, May 14, 1981, 62 N.C. App. 588, 303 S.E.2d 380 (1983), we find no merit in defendants' first assignment of error that service of process upon defendants was invalid.

Respondent next contends that the trial court erred in its findings of fact and conclusions of law concerning the boundary...

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