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THRASH v. CITY OF ASHEVILLE

No. 9328SC637.

444 S.E.2d 482 (1994)

115 N.C. App. 310

Thomas L. THRASH and wife, Lora R. Thrash, Keith Herman and wife, Terry Herman, and Willard Hintz and wife, Elizabeth Hintz, Petitioners v. CITY OF ASHEVILLE, a municipal corporation, Respondent, BASF CORPORATION, Petitioner, v. CITY OF ASHEVILLE, a municipal corporation, Respondent.

Court of Appeals of North Carolina.

June 21, 1994.

Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow & Saenger P.A., by S.J. Crow and Martin Reidinger, Asheville, for petitioner appellants Thrash, et al.

Moore & Van Allen, by Douglas R. Ghidina, Raleigh, for petitioner appellant BASF Corp.

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

ARNOLD, Chief Judge.

Where the record of the annexation proceedings shows substantial compliance with the requirements of Chapter 160A, the burden is on petitioners to prove failure to meet those requirements or an irregularity in the proceedings which materially prejudiced their substantive rights. Scovill Mfg. Co. v. Town of Wake Forest, 58 N.C. App. 15,17-18, 293 S.E.2d 240, 243, disc. review denied, 306 N.C. 559...

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