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BILTMORE SQUARE v. CITY OF ASHEVILLE

No. COA97-585.

497 S.E.2d 121 (1998)

BILTMORE SQUARE ASSOCIATES, Crown American Associates, South Asheville Hotel Associates Ltd. Partnership, G.E. Enterprises, Inc., Proffitt's Inc., Carolina Tractor & Equipment Co., Inc., Beacon Partners No. 8, and Beacon Partners No. 11, Plaintiff-Appellants, v. CITY OF ASHEVILLE, Elizabeth C. Taylor in her capacity as Buncombe County Tax Collector, and Buncombe County, Defendant-Appellees.

Court of Appeals of North Carolina.

March 17, 1998.

Attorney(s) appearing for the Case

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

City Attorney Robert W. Oast, Jr. and Assistant City Attorney Sarah Patterson Brison Meldrum for defendant-appellee City of Asheville.

Associate Buncombe County Attorney Stanford K. Clontz for defendant-appellees Taylor and Buncombe County (no brief filed for defendant-appellees).

McGEE, Judge.

The City of Asheville adopted an ordinance on 4 June 1991 annexing an area of land into its corporate limits, including land owned by plaintiffs. The effective date of the annexation was 31 July 1991. Plaintiffs filed an action challenging the validity of the ordinance pursuant to N.C. Gen.Stat. § 160A-50 (1994). This action stayed the effective date of the annexation pursuant to N.C. Gen.Stat. § 160A-50(i) (1994).

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