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CANNON v. CITY OF DURHAM

No. COA94-1167.

463 S.E.2d 272 (1995)

120 N.C. App. 612

Hazard CANNON, Plaintiff, v. The CITY OF DURHAM, Dennis W. McNames, New Durham Corporation, Harlan E. Boyles, State Treasurer and Local Government Commission of North Carolina, Defendants.

Court of Appeals of North Carolina.

November 7, 1995.

Attorney(s) appearing for the Case

Randall, Jervis & Hill by Robert B. Jervis, Durham, for plaintiff-appellant.

Parker, Poe, Adams & Bernstein, L.L.P. by Charles C. Meeker and John J. Butler, Raleigh, for defendant-appellee City of Durham.

Michael F. Easley, Attorney General by Douglas A. Johnston, Assistant Attorney General, Raleigh, for defendants-appellees Harlan E. Boyles and Local Government Commission.

WYNN, Judge.

In this action, plaintiff seeks to enjoin defendant City of Durham from making any further installment payments to defendant New Durham Corporation on an installment purchase contract. Plaintiff also seeks an order declaring that the installment purchase contract, and a deed of trust executed on the new Durham Athletic Park by the City of Durham to secure financing for the project, are void.

On 21 May 1992, the Durham City Council approved resolution...

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