STEPHENS v. CITY OF HENDERSONVILLE

No. COA96-1450.

493 S.E.2d 778 (1997)

Lottie STEPHENS, Plaintiff, v. CITY OF HENDERSONVILLE, North Carolina, a municipal corporation; Chris A. Carter, individually, in his official capacity as City Manager of defendant City; Fred H. Neihoff, Jr., individually, in his official capacity, as Mayor of defendant City, and as agent of defendant City; Roger Briggs, individually, in his official capacity as City Planner of defendant City and as agent of defendant City; Barbara Volk, individually, in her official capacities as Mayor-Pro-Tem of defendant City and Commissioner of defendant City and as an agent of defendant City and Diane Caldwell, Dan McGraw and T. Lee Osborne, each individually, each in official capacity as Commissioner of defendant City and each as an agent of defendant City, Defendants.

Court of Appeals of North Carolina.

December 16, 1997.


Attorney(s) appearing for the Case

Michael A. Sheely, Charlotte, for plaintiff-appellant.

Frank J. Contrivo, P.A. by Frank J. Contrivo and Andrew J. Santaniello, Asheville, for defendant-appellee City of Hendersonville.


McGEE, Judge.

This appeal arises from plaintiff's challenge to the City of Hendersonville's decision to exclude her property from an annexation of certain property in the Blythe Street/Sixth Avenue area (Area 19) in Henderson County. In August 1994, the Hendersonville City Council passed a resolution of intent to annex Area 19. An unimproved portion of plaintiff's property was included in the proposed annexation while an adjacent improved portion of her property was...

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