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BETHANIA TOWN LOT COMMITTEE v. CITY OF WINSTON-SALEM

No. COA96-1083.

486 S.E.2d 729 (1997)

BETHANIA TOWN LOT COMMITTEE, John E. Collins, Otis Sellers, Hubert Lash, Ericsteen J. Lash, Dionne Brewer Koger Jenkins, Joseph C. Jones, Jr., J.C. Covington, Beulah G. Miller, Clarence G. Hauser, Julius Walker, Todd Jorgensen, Stephen D. Petree, Hanes G. Carter, Vicki F. Carter, Walter Hunter, Chappell Hunter, Beverly L. Hamel and William M. Cobb, Jr., Plaintiff-Appellees, v. CITY OF WINSTON-SALEM, Seth B. Brown, Deborah Thompson, B.A. Byrd, G. Wayne Purgason and Willa Lash, Defendant-Appellants.

Court of Appeals of North Carolina.

July 15, 1997.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy, and Kennedy, L.L.P. by Annie Brown Kennedy, Harold L. Kennedy, III, Harvey L. Kennedy, and Harold L. Kennedy, Jr., Winston-Salem, for plaintiff-appellees.

Womble, Carlyle, Sandridge, & Rice, P.L.L.C. by Roddey M. Ligon, Jr., and Winston-Salem City Attorney, Ronald G. Seeber, Winston-Salem, for defendant-appellants.

MARK D. MARTIN, Judge.

Defendants appeal from order of the trial court concluding, as a matter of law, that "Chapter 74 of the 1995 Session Laws (First Session, 1995) entitled an `Act to Revive the Charter of the Town of Bethania' is unconstitutional on its face" and determining that the City of Winston-Salem should be permanently enjoined from annexing any part of the Town of Bethania.

The factual underpinnings of the instant action predate the 1995 Act by...

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