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HOMEBUILDERS ASS'N OF CHARLOTTE, INC. v. CITY OF CHARLOTTE

No. 9126SC986.

427 S.E.2d 160 (1993)

109 N.C. App. 327

HOMEBUILDERS ASSOCIATION OF CHARLOTTE, INC. v. The CITY OF CHARLOTTE.

Court of Appeals of North Carolina.

March 16, 1993.

Attorney(s) appearing for the Case

Murchison & Paulson by Alton G. Murchison, III, and David F. Paulson, Jr., Charlotte, for plaintiff-appellant.

Asst. City Atty. Cynthia Cline Reid, Charlotte, for defendant-appellee.

EAGLES, Judge.

Plaintiff argues that the trial court erred by granting declaratory judgment in favor of the City of Charlotte. We agree and reverse.

I.

Initially, we note that both parties stipulated that the trial court had jurisdiction over this matter. A municipality may have its rights and obligations determined in a declaratory judgment action. Board of Managers v. Wilmington,

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