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THRASH v. CITY OF ASHEVILLE

No. 455A89.

393 S.E.2d 842 (1990)

327 N.C. 251

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.

Supreme Court of North Carolina.

July 26, 1990.

Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow, & Saenger, P.A. by S. Jerome 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.

Nesbitt & Slawter by William F. Slawter, and Sara Patterson Brison, Asst. City Atty., Asheville, for respondent-appellee City of Asheville.

North Carolina League of Municipalities by S. Ellis Hankins, General Counsel, and Andre K. Flowers, Asst. General Counsel, Raleigh, amicus curiae.

WHICHARD, Justice.

This consolidated civil action was brought pursuant to N.C.G.S. § 160A-50 for judicial review of Ordinance No. 1649, passed by the City of Asheville to annex territory west of the city into its corporate limits. Upon review in a nonjury trial the ordinance was upheld, and the order of the trial court was affirmed by the Court of Appeals. Although two issues were raised by the dissent in the Court of Appeals, one is dispositive and obviates...

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