MATHESON v. CITY OF ASHEVILLE

No. 8928SC897.

402 S.E.2d 140 (1991)

102 N.C. App. 156

Russell A. MATHESON and wife, Elaine R. Matheson and Kay Lee Wright v. CITY OF ASHEVILLE.

Court of Appeals of North Carolina.

March 19, 1991.


Attorney(s) appearing for the Case

Alley, Hyler, Killian, Kersten, Davis & Smathers by George B. Hyler, Jr., and Robert J. Lopez, Asheville, for petitioners-appellants.

Nesbitt & Slawter by William F. Slawter, Asheville, for respondent-appellee.

Asst. City Atty. Sarah Patterson Brison, Asheville, for respondent-appellee.


PARKER, Judge.

Petitioners instituted this civil action to have an annexation ordinance adopted by respondent City of Asheville (herein "the City") declared null and void or, alternatively, to have the ordinance remanded for compliance with Part 3 of Article 4A of Chapter 160A of the North Carolina General Statutes.

On 26 July 1988 the Asheville City Council adopted a resolution stating its intent to annex a portion of the area known as Beaverdam Valley (herein...

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