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RATCLIFF v. COUNTY OF BUNCOMBE

No. 862SC37.

343 S.E.2d 601 (1986)

R. Curtis RATCLIFF, individually and on behalf of other citizens and residents of Buncombe County, North Carolina v. The COUNTY OF BUNCOMBE.

Court of Appeals of North Carolina.

June 3, 1986.

Attorney(s) appearing for the Case

Robert B. Long, Jr. and Steve Warren, Asheville, for plaintiff-appellant.

Shuford, Best, Rowe, Brondyke & Orr by James Gary Rowe, Asheville, for defendant-appellee.

WELLS, Judge.

The law is well settled that "one who voluntarily proceeds under a statute and claims benefits thereby conferred will not be heard to question its constitutionality in order to avoid its burdens." In re Appeal of Martin, 286 N.C. 66, 209 S.E.2d 766 (1974), quoting 16 Am.Jur.2d, Constitutional Law § 135 (1964). Thus, in Martin, Mecklenburg County was held...

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