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NEWTON v. CITY OF WINSTON-SALEM

No. 8821SC188.

374 S.E.2d 488 (1988)

92 N.C. App. 446

Paul Jeffrey NEWTON, d/b/a Newton Brothers v. CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

December 30, 1988.

Attorney(s) appearing for the Case

Horton & Kummer by Hamilton C. Horton, Jr., Winston-Salem, for plaintiff-appellant.

Hutchins, Tyndall, Doughton & Moore by Richard Tyndall and Laurie H. Woltz, Winston-Salem, for defendant-appellee.

COZORT, Judge.

The question presented in this appeal is whether defendant city is liable in damages to plaintiff for demolishing plaintiff's building without complying with the procedural requirements of N.C.Gen.Stat. §§ 160A-441 through -450. The trial court held as a matter of law that defendant had not served plaintiff with complaints and orders in accordance with § 160A-445. Nevertheless, the trial court instructed the jury that, if it found that...

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