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FRANKLIN ROAD PROP. v. CITY OF RALEIGH

No. 8810SC849.

381 S.E.2d 487 (1989)

FRANKLIN ROAD PROPERTIES v. CITY OF RALEIGH, North Carolina, Avery C. Upchurch, Mayor of the City of Raleigh, North Carolina, Edward A. Walters, Walter M. Keller, Miriam P. Block, Arthur J. Calloway, Sandra P. Babb, O. Martin Congleton and Mary C. Cates, Members of the City Council of the City of Raleigh, North Carolina.

Court of Appeals of North Carolina.

August 1, 1989.

Attorney(s) appearing for the Case

Hunter & Wharton by John V. Hunter III, Raleigh, for appellant.

Elizabeth C. Murphy, Associate City Atty., Raleigh, for defendant-appellee City of Raleigh.

WELLS, Judge.

Plaintiff assigns error to the trial court's granting of summary judgment to defendants. Plaintiff commenced the present action by filing a complaint seeking declaratory judgment of its rights, duties and liabilities, and those of defendant City, under various sections of the City Code. Plaintiff specifically attacked the validity of § 10-2063 and § 10-3018 of the City Code if these ordinances were interpreted to require plaintiff to dedicate...

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