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APPEAL OF SPRINGMOOR, INC.

No. 79PA97.

498 S.E.2d 177 (1998)

348 N.C. 1

In the Matter of The Appeal of SPRINGMOOR, INC. and Ammons, Inc. from the Denial of Applications for Exemption by the Wake County Board of Equalization and Review for 1994.

Supreme Court of North Carolina.

April 3, 1998.

Attorney(s) appearing for the Case

Wake County Attorney's Office by Shelley T. Eason, Deputy Wake County Attorney, Raleigh, for appellant Wake County.

James M. Kimzey, Brevard, for appellees Springmoor, Inc., and Ammons, Inc.

North Carolina Association of County Commissioners by James B. Blackburn III, General Counsel, and Kimberly M. Grantham, Assistant General Counsel, Raleigh, amicus curiae.

Poyner & Spruill, L.L.P. by Susanne F. Hayes and Robin T. Morris, Raleigh, on behalf of Non-Profit Qualifying Homes for the Aging, amicus curiae.

Michael F. Easley, Attorney General by George W. Boylan, Special Deputy Attorney General, for the State, amicus curiae.

FRYE, Justice.

The issue in this case is whether N.C.G.S. § 105-275(32) is unconstitutional and, if so, whether the allegedly unconstitutional subpart (v) may be severed, allowing the remainder of the statute to stand.

Springmoor, Inc. (Springmoor) is a nonprofit North Carolina corporation which manages and operates a self-contained residential community for the elderly, also called Springmoor, in Raleigh, North Carolina. Springmoor leases all of the...

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