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JOYNER v. TOWN OF WEAVERVILLE

No. 8828SC872.

380 S.E.2d 536 (1989)

Joseph O. JOYNER and wife, Ann C. Joyner; Juanita Proffitt; Mary Traxler; Lawrence Sprinkle, Jr.; and David Bell, Plaintiffs, v. The TOWN OF WEAVERVILLE, a Municipal Corporation, Defendant, and Kenmure Enterprises, Inc., Intervenor.

Court of Appeals of North Carolina.

July 5, 1989.

Attorney(s) appearing for the Case

Patla, Straus, Robinson & Moore, P.A. by Harold K. Bennett, Asheville, for plaintiff appellants.

Carter and Kropelnicki, P.A. by Steven Kropelnicki, Jr., Asheville, and Barnes & Wadford, P.A. by William A. Barnes, Weaverville, for defendant-appellee.

Van Winkle, Buck, Wall, Starnes & Starnes, P.A. by Albert L. Sneed, Jr., Asheville, for intervenor-appellee, Kenmure Enterprises, Inc.

COZORT, Judge.

Plaintiffs, residents and property owners in defendant Town of Weaverville, instituted an action in which they sought to enjoin the Town from placing into effect an ordinance annexing into the corporate limits of the Town 89.68 acres of noncontiguous property belonging to intervenor Kenmure Enterprises, Inc. The trial court held that, while plaintiffs had standing to challenge the ordinance, the annexation was nonetheless lawful. We hold that plaintiffs...

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