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DOLLAR v. TOWN OF CARY

No. COA01-1412.

569 S.E.2d 731 (2002)

J. Nelson DOLLAR, Plaintiff, v. TOWN OF CARY, a Municipal Corporation, and Rockett, Burkhead & Winslow, Inc., Defendants.

Court of Appeals of North Carolina.

October 1, 2002.

Attorney(s) appearing for the Case

Stam, Fordham & Danchi, P.A., by Paul Stam, Jr., Apex, for plaintiff-appellee.

Tharrington Smith, L.L.P., by Michael Crowell and Deborah R. Stagner, Raleigh, for defendant-appellant Town of Cary.

The Law Office of John T. Benjamin, Jr., by John T. Benjamin, Jr., Raleigh, for defendant-appellee Rockett, Burkhead & Winslow, Inc.

GREENE, Judge.

The Town of Cary (the Town) appeals from an order filed 6 September 2001 granting a preliminary injunction in favor of J. Nelson Dollar (Plaintiff).

On 28 August 2001, Plaintiff filed suit against the Town seeking injunctive and declaratory relief. The complaint alleged: (1) the Town had no authority to conduct its Growth Management Education and Outreach campaign (Campaign), and (2) the Town was engaging in an impermissible attempt to influence...

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