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BETHANIA TOWN LOT COMMITTEE v. WINSTON-SALEM

No. 402PA97.

502 S.E.2d 360 (1998)

348 N.C. 664

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. v. CITY OF WINSTON-SALEM, Seth B. Brown, Deborah Thompson, B.A. Byrd, G. Wayne Purgason and Willa Lash.

Supreme Court of North Carolina.

July 30, 1998.

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 plaintiffs-appellants.

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

NAACP Legal Defense & Educational Fund, Inc. by Victor A. Bolden, pro hac vice, amicus curiae.

WEBB, Justice.

The plaintiffs contend that the General Assembly in 1839 created the Town of Bethania comprising 2,500 acres. They say the General Assembly could not by local act in 1995 create a new Bethania, reduced in size to 400 acres.

We do not believe a town exists because of the 1839 Act. The Act provided the Town would not be effective until the inhabitants of the Town approved it. There are no town records showing approval. Indeed, there are no town...

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