(Download) "J. Furman Broadway v. Town of Asheboro" by Supreme Court of North Carolina No. 530 # eBook PDF Kindle ePub Free
eBook details
- Title: J. Furman Broadway v. Town of Asheboro
- Author : Supreme Court of North Carolina No. 530
- Release Date : January 29, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[250 NC Page 232] Plaintiffs appeal from an order sustaining a demurrer ore tenus for that the complaint fails to state a cause of action.
Plaintiffs pray that street paving assessments levied against their properties be declared invalid. As the basis for the relief
sought they allege: the City Clerk of Asheboro, on 13 October 1953, delivered to one Lamphere a blank petition asking for
the paving of East Presnell Street from North Elm Street to Vance Street, a copy of which petition, marked Exhibit A, is annexed
to the complaint; the frontage on Presnell Street between Elm and Vance is 3196.82 feet and is owned by more than thirty property
owners; when this petition was lodged with the Commissioners of the town it had "only one valid signature" and that property
owner owned only 636.99 feet fronting on Presnell [250 NC Page 233] Street; on 17 January 1957 plaintiffs were notified paving
assessments had been made against their property; in response to the notice, plaintiffs appeared before the Commissioners
and "presented a protest of said illegal assessment on the grounds that the petition was invalid on its face and void from
the beginning"; notwithstanding the protests, the assessments were approved and confirmed.