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THRASH v. CITY OF ASHEVILLE

No. 8828SC1261.

383 S.E.2d 657 (1989)

Thomas L. THRASH and Lora R. Thrash v. CITY OF ASHEVILLE, a municipal corporation, W. Louis Bissette, Mayor of the City of Asheville, Mary Lloyd Frank, Vice-Mayor of the City of Asheville, Walter Boland, Wilhelmina Bratton, George Tisdale, Norma Price and Kenneth Michalove, City Councilpersons of the City of Asheville. BASF CORPORATION v. CITY OF ASHEVILLE. John F. TYNDALL, and wife, Helen Tyndall, Willard Hintz and wife, Elizabeth Hintz, Alva L. Wallis, Jr. and wife, Kannie Wallis, Beulah Wilson and Ina N. Fisher v. CITY OF ASHEVILLE.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow & Saenger, P.A. by S.J. Crow and Martin K. Reidinger, Asheville, for petitioners-appellants Thrash.

Moore & Van Allen by Daniel G. Clodfelter and Douglas R. Ghidina, Charlotte, for petitioner-appellant BASF Corp.

Herbert L. Hyde, Asheville, for petitioners-appellants Tyndall, et al.

William F. Slawter and Sarah Patterson Brison, Asheville, for respondent-appellee City of Asheville.

JOHNSON, Judge.

I

FACTS

On 9 June 1987, the City of Asheville adopted resolution number 87-104 stating its intent to consider the annexation of certain territory west of the City, known as the west annexation area, and announcing the date of a public hearing on the question. On 23 June 1987, the City adopted a resolution approving a plan for the extension of major municipal services into the west annexation area. This plan was

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