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ARNOLD v. CITY OF ASHEVILLE

No. COA06-1167.

652 S.E.2d 40 (2007)

Stephen and Michelle ARNOLD, Robert P. and Elizabeth M. Barr, David E. and Krystal D. Bottom, Timothy A. and Jeanette P. Bradley, Charles Michael and Debra S. Braun, Kent and Barbara Campbell, Robert E. and Aida V. Dungan, Richard R. and Charlotte D. Eley, Jonathan A. and Peggy J. Hill, Steven P. and Christi W. Hurd, John P. and Kimberly J. Kennedy, Pierce A. Kahaduwe Living Trust, Mark P. and Jacqueline G. Ruscoe, Benjamin F. and Susan E. Turner, Jacquelyn M. Webb, Trustee of the Jacquelyn M. Webb Living Trust, Marc B. and Jackie Lee Westle, Derwin J. and Nancy L.C. Williams, Robert L. and Becky L. Wilson, Stephen M. and Julia R. Eargle, and Robert A. and Jane P. Errico, Petitioners, v. CITY OF ASHEVILLE, Respondent.

Court of Appeals of North Carolina.

November 6, 2007.

Attorney(s) appearing for the Case

Dungan & Associates, P.A. by Jeffrey K. Stahl, Asheville, for Petitioners-Appellants.

Robert W. Oast Jr., Asheville, for Respondent-Appellee.

STROUD, Judge.

This is an appeal challenging the adoption of an annexation ordinance. Petitioners, landowners in the area to be annexed, instituted this action against respondent, the City of Asheville, to review respondent's adoption of an ordinance that would annex several acres of petitioners' property into the City of Asheville. The questions before this Court are: 1) whether the trial court erred in determining that the City of Asheville substantially complied...

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