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BILTMORE SQUARE ASSOC. v. CITY OF ASHEVILLE

No. 9228SC814.

439 S.E.2d 211 (1994)

BILTMORE SQUARE ASSOCIATES, a North Carolina Joint Venture, DeBartolo Asheville Associates, an Ohio General Partnership, Seven Seas Partnership, a North Carolina General Partnership, Crown American Corporation, a Pennsylvania Corporation, Hess's Department Stores, Inc., a Pennsylvania Corporation, Proffitt's Inc., a Tennessee Corporation, Ray Bridges and wife, Deborah Bridges, Wesley Angel and wife, Gwenda Angel, Brent Williamson, Paul Martin Jones and wife, Mary Sue Jones, Petitioners v. CITY OF ASHEVILLE, a Municipal Corporation, Respondent.

Court of Appeals of North Carolina.

February 1, 1994.

Attorney(s) appearing for the Case

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

Nesbitt & Slawter, by William F. Slawter; and Asst. City Atty., Sarah Patterson Brison, Asheville, for respondent appellee.

COZORT, Judge.

On 4 June 1991, the Asheville City Council adopted Ordinance No. 1911 which annexed a certain area of land southwest of the City. On 3 July 1991, petitioners filed a petition for judicial review of the annexation ordinance, alleging, in pertinent part that (1) petitioners are owners of real property located in the annexation area; (2) all annexation proceedings are invalid and that Ordinance 1911 is void because incorporation of the annexation area...

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