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BROWN v. CITY OF WINSTON-SALEM

No. COA04-1245.

614 S.E.2d 599 (2005)

Donna L. BROWN, Wesley R. Brown and wife, Martee U. Brown, Jack M. Fisher and wife, Cathey G. Fisher, Anthony N. Hubbard and wife, Frances M. Hubbard, James M. Mecum, Jr., Garnett L. Midkiff, Jr., E. Raymond Nicholson, Donald W. Peters, G. Floyd Sides and wife, Jo Ann Sides, Plaintiffs, v. CITY OF WINSTON-SALEM, Allen Joines, Mayor, Vivian H. Burke, Dan Besse, Robert C. Clark, Joycelyn V. Johnson, Nelson L. Malloy, Jr., Vernon Robinson, Wanda Merschel and Frederick N. Terry, City Council Members, Defendants.

Court of Appeals of North Carolina.

July 5, 2005.

Attorney(s) appearing for the Case

Richard J. Browne, Winston-Salem, for plaintiff appellants-appellees.

Womble Carlyle Sandridge & Rice, PLLC, by Roddey M. Ligon, Jr., and the Office of the Winston-Salem City Attorney, by Ronald G. Seeber and Charles C. Green, Jr., Winston-Salem, for defendant appellant-appellees.

McCULLOUGH, Judge.

Plaintiffs, citizens of an area which the City of Winston-Salem is seeking to annex, appeal from a superior court order granting partial summary judgment in defendants' favor. Defendants, the City of Winston-Salem, its Mayor and City Council members, appeal from the partial denial of their motion for summary judgment. For the reasons set forth below, we address the parties' arguments pursuant to Rule...

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