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COX v. TOWN OF ORIENTAL

No. COA13-1222.

759 S.E.2d 388 (2014)

David R. COX Plaintiff, v. TOWN OF ORIENTAL and Board of Commissioners of the Town of Oriental, Defendants.

Court of Appeals of North Carolina.

July 1, 2014.

Attorney(s) appearing for the Case

McCotter Ashton, P.A., New Bern, by Rudolph A. Ashton, III and Kirby H. Smith, III , for Plaintiff.

Davis Hartman Wright, PLLC, New Bern, by Michael Scott Davis and I. Clark Wright, Jr. , for Defendants.

STEPHENS, Judge.

Procedural History and Factual Background

This case arises from the decision of the Town of Oriental and its Board of Commissioners (collectively, "Defendants") to permanently close Avenue A and a portion of South Avenue, public rights of way in the Town. On 2 August 2012, Plaintiff David R. Cox filed an appeal from the Town ordinance vacating Avenue A and an action for declaratory judgment...

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