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CITY OF BURLINGTON v. BONEY PUBLISHERS

No. COA03-904.

600 S.E.2d 872 (2004)

CITY OF BURLINGTON, a Municipal Corporation, Plaintiff, v. BONEY PUBLISHERS, INC., d/b/a The Alamance News, Defendant.

Court of Appeals of North Carolina.

September 7, 2004.

Attorney(s) appearing for the Case

City Attorney Robert M. Ward; and Thomas, Ferguson & Mullins, L.L.P., by Jay H. Ferguson, for plaintiff-appellee.

Everett, Gaskins, Hancock & Stevens, L.L.P., by C. Amanda Martin, for defendant-appellant.

BRYANT, Judge.

Boney Publishers, Inc. d/b/a The Alamance News (defendant) appeals an order filed 20 November 2002 denying defendant's motion for partial summary judgment and declaring that the City of Burlington (plaintiff) was not constitutionally or statutorily barred from bringing a declaratory judgment action to determine whether the City was in compliance with North Carolina's open meetings and public records laws.

On 15 July 2002, the Burlington...

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