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REXHAM CORPORATION v. TOWN OF PINEVILLE

No. 7526SC231

216 S.E.2d 445 (1975)

26 N.C. App. 349

REXHAM CORPORATION, Successor in Interest to Riegel Paper Corporation, Petitioner, and Carolina-Michigan Properties Co., et al., Petitioners and Intervenors, v. The TOWN OF PINEVILLE, North Carolina, et al., Respondents.

Court of Appeals of North Carolina.

July 2, 1975.

Attorney(s) appearing for the Case

Moore & Van Allen by James O. Moore, George V. Hanna, III, and Norman A. Smith, Charlotte, for petitioner appellant.

Caudle, Underwood & Kinsey by William E. Underwood, Jr., Charlotte, for petitioner-intervenor appellants.

Kenneth R. Downs, Charlotte, and Davis, Ford & Weinhold by Larry G. Ford, Salisbury, for respondent appellees.

HEDRICK, Judge.

By assignments of error five and twelve, petitioner first contends that Judge Ervin erred in finding as a fact that the order of Judge Clarkson prohibited the Town Council from amending its ordinance dated 3 May 1971 to include within the municipality land not originally proposed to be annexed. Petitioner argues that this "misunderstanding" of Judge Clarkson's order influenced Judge Ervin in his finding that the Town Council acted reasonably in dropping...

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