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FRANKLIN COUNTY v. BURDICK

No. 909DC1189.

405 S.E.2d 783 (1991)

103 N.C. App. 496

FRANKLIN COUNTY, a N.C. Body Politic, Plaintiff, v. George E. BURDICK and Mary K. Burdick, Defendants, John Tatum, Finance America Mortgage Services, Novie Ball Dupree, Agent for Ball Heirs, Charles M. Davis, Lienholders.

Court of Appeals of North Carolina.

July 16, 1991.

Attorney(s) appearing for the Case

Davis, Sturges & Tomlinson by Aubrey S. Tomlinson, Jr., Louisburg, for plaintiff.

Charles L. McLawhorn, Jr., P.A. by Charles L. McLawhorn, Jr. and Sharron R. Edwards, Greenville, for defendants.

LEWIS, Judge.

On 31 August 1988 Franklin County filed suit against defendants George E. Burdick and Mary K. Burdick for collection of taxes on real estate owned by the Burdicks in Franklin County for the years between 1985 and 1988. On 8 January 1989 the defendants filed an answer denying liability on the grounds that the constitutional amendment passed in 1970 which empowered the county to increase property taxes was unconstitutional. Defendants argued that the 1970...

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