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UNRUH v. CITY OF ASHEVILLE

No. 8828SC1339.

388 S.E.2d 235 (1990)

97 N.C. App. 287

Darryl E. UNRUH and wife, Grace E. Unruh, Plaintiffs, v. CITY OF ASHEVILLE, Defendant, and Carolina L. Bridgett, Raymond G. Gephardt, Marion E. Gephardt, Joan S. Grimes, S. Janson Grimes, Lisa G. Holt, Lawrence B. Holt, Lemac N. Hopkins, Marjorie Hopkins, Valerie J. Klemmer, Robert E. Dungan, Daniel O'Hannon, Sheena O'Hannon, Thomas L. Painter, Herbert H. Patrick, Wallace H. Patterson, Mary S. Patterson, Timothy L. Warner, Jeanne T. Warner, and Beatrice P. Hendrix, Intervenor-Defendants.

Court of Appeals of North Carolina.

February 6, 1990.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis by Albert L. Sneed, Jr., Asheville, for plaintiffs-appellees.

William F. Slawter, City Atty., and Sarah Patterson Brison, Asst. City Atty., Asheville, for defendant-appellant.

Robert E. Dungan, pro se, and Michael E. Smith, Asheville, for intervenors-defendants appellants.

PHILLIPS, Judge.

By this declaratory judgment action plaintiffs, who own property in the district and were denied a certificate or permit to build on it, seek to have the City of Asheville ordinance establishing the Chestnut-Liberty Historic District declared invalid. The individual defendants intervened to join the City in defending the ordinance, which the court, following a hearing at which all parties offered evidence, declared invalid on the ground that the statutory...

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