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CHEAPE v. TOWN OF CHAPEL HILL

No. 96PA87.

359 S.E.2d 792 (1987)

320 N.C. 549

Kathleen S.H. CHEAPE, John W. Dixon, Jr., Vivian S. Dixon, James Eder, Mary Eder, Dana Fowlkes, John B. Graham, Scott Herman-Giddens, Lawrence F. London, Emily Dewey London, Susan Lord, Eva McKenna, Rosalie Massengale, George V. Taylor, Margaret E. Taylor, James M. Webb v. TOWN OF CHAPEL HILL, A Municipal Corporation, James C. Wallace, Mayor, Julie Andresen, Councilmember, David Godschalk, Councilmember, Jonathan Howes, Councilmember, David Pasquini, Councilmember, Nancy Preston, Councilmember, R.D. Smith, Councilmember, Bill Thorpe, Councilmember, Arthur Werner, Councilmember, and Fraser Development Company of North Carolina.

Supreme Court of North Carolina.

September 3, 1987.

Attorney(s) appearing for the Case

Thomas S. Erwin and Hall, Hill, O'Donnell, Taylor, Manning & Shearon by Raymond M. Taylor, Raleigh, for plaintiffs-appellants.

Womble, Carlyle, Sandridge & Rice, by G. Eugene Boyce and Elizabeth L. Riley, and Adams, McCullough & Beard by Robert W. Spearman, Blair S. Levin, and Douglas Q. Wickham, Raleigh, for defendants-appellees.

Lacy H. Thornburg, Atty. Gen. by Douglas A. Johnston, Asst. Atty. Gen., amicus curiae.

Fred P. Baggett, General Counsel, and S. Ellis Hankins, Associate General Counsel, Raleigh, for North Carolina League of Municipalities, and Henry W. Underhill, Jr., City Atty., and H. Michael Boyd, Deputy City Atty., Charlotte, for The Office of the City Attorney, Charlotte, amici curiae.

FRYE, Justice.

Plaintiffs raise four issues before this Court. Initially, they contend that the case should be remanded to the Superior Court, Orange County, for a determination of their standing to bring the instant action. On the merits, they argue that Chapter 961, Session Laws of 1984, is unconstitutional because it is a local act regulating trade and because it permits the Town of Chapel Hill to engage in a joint venture not for a public purpose, acts prohibited...

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