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TOWN OF EMERALD ISLE v. STATE

No. 853SC389.

338 S.E.2d 581 (1986)

TOWN OF EMERALD ISLE, By and Through its Mayor, Richard SMITH, and its duly elected Board of Commissioners, and Richard Smith, A.B. Crew, Beaulah Pase, and Walt Gaskins, Individually v. The STATE of North Carolina, James B. Hunt, Governor, Rufus Edmisten, Attorney General, James A. Summers, Secretary of the Department of Natural Resources and Community Development, and Jane S. Patterson, Secretary of the Department of Administration.

Court of Appeals of North Carolina.

January 21, 1986.

Attorney(s) appearing for the Case

Stanley and Simpson by Richard L. Stanley, Beaufort, for plaintiffs-appellees.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Daniel F. McLawhorn, Raleigh, for defendants-appellants.

WEBB, Judge.

Defendants first contend the individual plaintiffs lack standing to challenge Chapter 539, and therefore the trial court erred in denying defendants' motion to dismiss. This contention does not raise a question which would constitute reversible error since the constitutionality of Chapter 539 was also challenged by plaintiff Town. Defendants do not contest the standing of the Town on this issue, and we hold that the legal rights of plaintiff Town were...

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