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PEACOCK v. SHINN

No. COA99-975.

533 S.E.2d 842 (2000)

Edwin B. PEACOCK, Jr., Plaintiff, for the benefit of the taxpayers of the City of Charlotte, v. George SHINN, individually; and George Shinn Sports of Florida, Inc., Charlotte Hornets NBA Limited Partnership, Shinn Enterprises, Incorporated; and, City of Charlotte; and, Auditorium-Coliseum-Convention Center Authority of the City of Charlotte, Defendants.

Court of Appeals of North Carolina.

August 15, 2000.

Attorney(s) appearing for the Case

Edwin B. Peacock, Jr., pro se, for plaintiffappellant.

Perry, Patrick, Farmer & Michaux, P.A., by Roy H. Michaux, Jr., and John H. Carmichael, Charlotte, for defendant-appellees George Shinn, individually, George Shinn Sports of Florida, Inc., Charlotte Hornets NBA Limited Partnership and Shinn Enterprises Incorporated.

Assistant City Attorney Robert E. Hagemann, for defendant-appellee City of Charlotte.

Grier & Furr, P.A., by Joseph W. Grier, Jr., and K. Lane Klotzberger, Charlotte, for defendant-appellee Auditorium-Coliseum-Convention Center Authority.

MARTIN, Judge.

Plaintiff Edwin B. Peacock, Jr., ("plaintiff"), a resident and taxpayer of the City of Charlotte, North Carolina, brought this action as a public interest taxpayer action for the benefit of all citizens and taxpayers of Charlotte. Briefly summarized, plaintiff alleges as follows:

In 1985, the City of Charlotte issued general obligation bonds to finance the construction of the Charlotte Coliseum. During the period beginning in March 1987 through...

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