Cauble v. City of Asheville

MORRIS, Chief Judge.

Defendant first raises the question whether plaintiff has standing to bring this action, contending that notice of claim was not given as required by the Code of the City of Asheville. Section 11 of the Code of the City of Asheville provides:

No action shall be instituted or maintained against the city upon any claim of demand whatsoever of any kind or character, until the claimant shall have first presented his or her claim or demand, in writing, to said council, and said council shall have declined to pay or settle the same as presented, or for ten days after such…