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INGLES MARKETS v. TOWN OF BLACK MOUNTAIN

No. 8928SC873.

390 S.E.2d 688 (1990)

98 N.C. App. 372

INGLES MARKETS, INC., a North Carolina corporation, Petitioner-Appellant, v. TOWN OF BLACK MOUNTAIN, a municipal corporation, W. Michael Begley, Mayor of the Town of Black Mountain, Bill White, Jr., Martha Gallion, Tom Marett, J. Richard Hudson, Larry B. Harris, Members of the Board of Aldermen of the Town of Black Mountain, Respondents-Appellees.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Law firm of William C. Frue, Jr. by Michael C. Frue, John C. Frue and William C. Frue, Jr., Asheville, for petitioner-appellant.

Adams, Hendon, Carson, Crow & Saenger, P.A. by Martin K. Reidinger and S.J. Crow, Asheville, and Ronald E. Sneed, Black Mountain, for respondents-appellees.

WELLS, Judge.

By its first assignment of error, petitioner challenges the court's granting of respondent's motion to lift the stay and close the court file in this case. Petitioner's argument in support of this assignment of error, reduced to its essentials, is that no appeal was required to be taken from the action adopting the 1989 ordinance because the 1988 ordinance was remanded for the limited purpose of including...

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