Ratcliff v. Buncombe County, NC

MEMORANDUM OF DECISION

SENTELLE, District Judge.

Plaintiffs are before this Court attacking legislation establishing the governmental form of Buncombe County as violative of both the federal and state constitutions. The matter now arises on cross motions for summary judgment; the parties agreeing that there are no “genuine issues of material fact” and that the issues involved are ones of law for resolution by the Court. Fed.R.Civ.P. 56. Before answering those issues, a procedural history of the circuitous route by which the case reached its present posture is necessary to a full understanding…