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CAROLINA POWER v. CITY OF ASHEVILLE

No. COA02-1518.

587 S.E.2d 490 (2003)

CAROLINA POWER & LIGHT COMPANY, Petitioner, v. The CITY OF ASHEVILLE, Respondent.

Court of Appeals of North Carolina.

November 4, 2003.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Larry McDevitt and Craig D. Justus, Asheville, for petitioner-appellant.

Robert W. Oast, Jr. and William F. Slawter, Asheville, for respondent-appellee.

LEVINSON, Judge.

Petitioner appeals from a judgment affirming City of Asheville Annexation Ordinance No. 2708. We affirm.

I.

On 13 June 2000, the City of Asheville (hereinafter "City") adopted Ordinance No. 2708, "An Ordinance to Extend the Corporate Limits of the City of Asheville, North Carolina, Under the Authority Granted by Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina" (hereinafter "Annexation Ordinance"). This...

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