WINSTON-SALEM JOINT VENTURE v. CITY, ETC.

No. 8121SC35.

282 S.E.2d 509 (1981)

WINSTON-SALEM JOINT VENTURE v. CITY OF WINSTON-SALEM and Forsyth County.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Grover G. Wilson and Michael L. Robinson, Winston-Salem, for plaintiff-appellant.

P. Eugene Price, Jr. and Jonathan V. Maxwell, Winston-Salem, for defendant-appellee County of Forsyth.

Ronald G. Seeber, Winston-Salem, for defendant-appellee City of Winston-Salem.


MORRIS, Chief Judge.

Plaintiff assigns error to the trial court's granting of summary judgment, contending that there exist genuine issues as to material facts concerning liability for the late listing penalty.

In effect, the question presented by this assignment is whether G.S. 105-311 controls when the tax supervisor's office is not in possession of and denies receipt of a listing submitted by mail. The second paragraph of G.S. 105-311(b) provides in pertinent...

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