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TOWN OF HIGHLANDS v. EDWARDS

No. COA00-221.

548 S.E.2d 764 (2001)

The TOWN OF HIGHLANDS, a North Carolina Municipal Corporation, on behalf of its citizens and individually as an owner of property in the Town of Highlands; and Dennis F. Wilson, Plaintiffs, v. Grover William EDWARDS, Helen Louise Meisel, and Virginia Mae Fleming; Howard Wayne Brown and wife, Janie Creswell Brown; Earl Monroe Jones, Trustee of the Earl Monroe Jones Trust; Arthur A. Lewis and Wife, Jane A. Lewis; James Luther Ramey and wife, Maxine Brown Ramey; Louis W. Reese, Martha R. Lamb, Joseph Ronald Reese and Daniel Q. Reese; Randolph T. Shaffner and Wife, Margaret Rhodes Shaffner; Ann Kelsey Stewart; Peter Kelsey Stewart; Peter Kelsey; Harlan P. Kelsey, III; Seth Low Kelsey, Jr.; Joseph Ridgeway Kelsey; Charles Sawyer; Katherine Hart Zimmerman; Sally Hart Whiting; John Hart, Jr.; the Unknown Heirs of Samuel T. and Katherine E. Kelsey and the Charleston Library Society, Defendants.

Court of Appeals of North Carolina.

June 19, 2001.

Attorney(s) appearing for the Case

Coward, Hicks & Siler, P.A., by William H. Coward, Cashiers, for plaintiffs-appellees.

Jones, Key, Melvin & Patton, P.A., by Richard Melvin, Highlands, for defendants-appellants.

CAMPBELL, Judge.

The Town of Highlands ("Town") and an individual citizen owning property in the Town (jointly, "plaintiffs") brought a declaratory judgment action seeking a determination as to the rights, duties, and liabilities of the parties concerning portions of certain streets which had never been opened by the Town. Defendants are residents of the Town who owned property which would be affected by the opening of these streets. At the close of all the evidence...

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