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DONOHO v. CITY OF ASHEVILLE

No. COA01-1293.

569 S.E.2d 19 (2002)

Betty DONOHO, Plaintiff, and The Buncombe County Board of Education, Intervenor Plaintiff, v. The CITY OF ASHEVILLE, County of Buncombe and Western North Carolina Regional Air Pollution Control Agency, Defendants.

Court of Appeals of North Carolina.

September 17, 2002.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Albert L. Sneed, Jr., Asheville, for plaintiff-appellant.

Roberts & Stevens, P.A., by Cynthia S. Grady, Asheville, for intervenor plaintiff-appellant.

Siemens Law Office, P.A., by A. James Siemens, for Western North Carolina Regional Air Pollution Control Agency; Robert W. Oast, Jr., for the City of Asheville; and Stanford K. Clontz, for County of Buncombe, Asheville, defendant-appellees.

McCULLOUGH, Judge.

Plaintiff Betty Donoho is a taxpayer and resident of Asheville, North Carolina. On 30 June 2000, she instituted this lawsuit and sought both a declaratory judgment and injunctive relief. Plaintiff requested that the trial court (1) enjoin the City of Asheville and Buncombe County from forming a charitable clean air trust fund; and (2) divert funds intended for the charitable clean air trust fund to attorney...

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