ASHEVILLE INDUSTRIES, INC. v. CITY OF ASHEVILLE

No. 9228SC569.

436 S.E.2d 873 (1993)

ASHEVILLE INDUSTRIES, INC., a North Carolina Corporation, Jerry Chandler and wife, Robin Chandler, Eaton Corporation, an Ohio Corporation, William Cloud Hicklin, Jessie R. Law, Jr., Francis L. Mattos and wife, Floy E. Mattos, Philips Consumer Electronics Company, a division of North American Philips, a Delaware Corporation, Haywood Plott and wife, Ruth Plott, Albert Shingles and wife, Virginia Shingles, Joseph C. Swicegood and wife, Dorothy C. Swicegood, Tennessee Gas Pipeline Company, a Delaware Corporation, West Controls, Inc., a Delaware Corporation, Grace West, Westinghouse Electric Corporation, a Pennsylvania Corporation, A.B. Wexler and wife, Phyllis Wexler, Willa M. Witherspoon, Petitioners, v. CITY OF ASHEVILLE, a municipal corporation, Respondent.

Court of Appeals of North Carolina.

December 7, 1993.


Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow & Saenger, P.A., by S. Jerome Crow and Martin Reidinger, Asheville, for petitioners-appellants.

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

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


JOHNSON, Judge.

The facts pertinent to this appeal are as follows: The City Council of Asheville identified an area south of the corporate limits of the City of Asheville for annexation by adopting a resolution considering the proposed area on 2 June 1987. The property under consideration became adjacent or contiguous to the City's boundary on 31 August 1988. On 28 February 1989, the City Council adopted a resolution which stated the intent of the City of Asheville...

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