GODFREY v. UNION COUNTY BD. OF COM'RS

No. 8220SC258.

300 S.E.2d 273 (1983)

61 N.C. App. 100

Frank B. GODFREY, Joe N. Sutton, O. Fred Howey and Billups Hood v. UNION COUNTY BOARD OF COMMISSIONERS, Union County and James Dennis Rape.

Court of Appeals of North Carolina.

March 1, 1983.


Attorney(s) appearing for the Case

Joe P. McCollum, Jr., Monroe, for plaintiffs.

Griffin, Caldwell, Helder & Steelman, P.A., by C. Frank Griffin and Thomas J. Caldwell, Monroe, for defendants.


WELLS, Judge.

By its three assignments of error and two arguments, defendant challenges Judge Kivett's finding of fact number five and his single conclusion of law.

While we perceive that Judge Kivett's finding of fact number five may be more in the nature of a conclusion, we need not dwell on that aspect of his order. There is no dispute as to the underlying evidence in this case or the facts established by that evidence. The only controversy involves the...

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