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STILLINGS v. CITY OF WINSTON-SALEM, N.C.

No. 8221SC315.

306 S.E.2d 489 (1983)

David E. STILLINGS, and Francis D. Sawyer, A North Carolina partnership doing business as "Community Garbage Service" v. The CITY OF WINSTON-SALEM, NORTH CAROLINA, a municipal body corporate. Clyde H. WHITMAN, Jr., doing business as "South Fork Sanitary Service", a sole proprietorship v. The CITY OF WINSTON-SALEM, NORTH CAROLINA, a municipal body corporate. Larry K. TUTTLE, doing business as "Forsyth Garbage and Container Service", a sole proprietorship v. The CITY OF WINSTON-SALEM, NORTH CAROLINA, a municipal body corporate.

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Pfefferkorn & Cooley by Jim D. Cooley, Winston-Salem, for plaintiffs-appellants.

Womble, Carlyle, Sandridge and Rice by Roddey M. Ligon, Jr. and Ronald G. Seeber, City Atty. and Ralph D. Karpinos, Asst. City Atty., Winston-Salem, for defendant-appellee.

JOHNSON, Judge.

Plaintiffs argue that the provision by the city of waste disposal service in the annexed areas where plaintiffs had previously operated under their franchises from the county constitutes an expropriation of their property. Plaintiffs argue that their rights under the franchises are property rights protected under the Constitution of the United States and North Carolina and that the effective partial termination of their franchises by the city was an...

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