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DAVIS v. TOWN OF SOUTHERN PINES

No. 9020SC246.

400 S.E.2d 82 (1991)

101 N.C. App. 570

Barbara J. DAVIS v. TOWN OF SOUTHERN PINES.

Court of Appeals of North Carolina.

February 5, 1991.

Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson, P.A. by S. Jon Fullenwider and Bruce T. Cunningham, Jr., Southern Pines, for petitioner-appellant.

Brown, Robbins, May, Pate, Rich, Scarborough & Burke by W. Lamont Brown, Pinehurst, for respondent-appellee.

PHILLIPS, Judge.

The judgment appealed from dismissed petitioner's declaratory judgment action to invalidate an ordinance of the Town of Southern Pines under which she was charged $950 for tapping onto the Town's sewer line in front of her house. G.S. 160A-314(a) authorizes towns and cities to establish charges, fees and rates for their services and the ordinance involved was enacted pursuant thereto on 13 February 1979. It provides that "any property owner desiring...

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