Jones v. City of Asheville

HEDRICK, Judge.

The questions presented upon this appeal are (1) was a valid lien for street paving created on the property owned by *716Dent Realty Company and (2) are plaintiffs, successors in title to a portion of said property, estopped to deny the validity of the lien?

The trial judge’s conclusion that a valid lien was never created because the defendant failed to comply with the provisions of G.S. 160-85 et seq. fails to consider the proposition that:

“There is no valid reason why citizens who wish to have their property improved by street paving may not expressly waive the charter…