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HOUSING AUTH. OF CITY OF HIGH PT. v. CLINARD

No. 8318SC355.

312 S.E.2d 524 (1984)

HOUSING AUTHORITY OF the CITY OF HIGH POINT v. Ruth M. CLINARD; Mary Alan Clinard Flinn; Henry I. Flinn, Jr.; Gilbert H. Clinard; Mildred S. Clinard; John W. Clinard, Jr.; Lelia T. Clinard; Tennessee Production Company; Direct Oil Corporation; City of High Point; and, County of Guilford.

Court of Appeals of North Carolina.

March 6, 1984.

Attorney(s) appearing for the Case

Hugh C. Bennett, Jr., High Point, for petitioner-appellant.

Wyatt, Early, Harris, Wheeler & Hauser by Frank B. Wyatt, High Point, for respondents-appellees.

BRASWELL, Judge.

The appeal of the Housing Authority of the City of High Point questions the propriety of its having to pay an award of attorney's fees to respondents after the Housing Authority took a voluntary dismissal of its condemnation proceeding for an urban renewal project. Finding no error, we affirm.

The present action, 78SP339, was begun on 6 April 1978. The dismissal occurred on 7 June 1982, the same date the case had been calendared for jury trial...

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