BARNHARDT v. CITY OF KANNAPOLIS

No. 9319SC664.

447 S.E.2d 471 (1994)

Archie Y. BARNHARDT and Carlene F. Barnhardt; William E. Howard and Sarah P. Howard; James Ronnie Sherrill and Sylvia Mann Sherrill; Charles K. Umberger; and the Heirs of C.J. Goodman, Deceased, Plaintiffs, v. CITY OF KANNAPOLIS, a municipal corporation, Defendant.

Court of Appeals of North Carolina.

September 6, 1994.


Attorney(s) appearing for the Case

Law Offices of William L. Mills, III by William L. Mills, III, and William G. Hamby, Jr., Concord, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, and Rutledge, Friday, Safrit & Smith by Walter M. Safrit, II, Kannapolis, for defendant-appellee.


MARTIN, Judge.

Plaintiffs contend on appeal that the trial court erred in granting judgment in favor of defendant because (1) defendant was obligated but failed to provide plaintiffs with reasonable, timely notice that they had the right to require the extension of water and sewer lines to their involuntarily annexed properties, and because (2) defendant failed to install water mains and sewer trunks in substantial conformity with representations made on annexation...

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