Schank v. City of Asheville
Supreme Court of North Carolina
Appeal by defendants from order restraining tliem from selling plaintiffs’ property to pay for .paving a street, made by Justice, J., at chambers in Asheville, 26 April, 1910. Action from BuNCOmbe. The facts are sufficiently stated in the opinion of Chief Justice Ciarle.
1Opinion of the Court
Clark, 0. <T.
On 4 August, 1905, the Mayor and Board of Aldermen of Asheville adopted an order that Southside Avenue from South Main Street to Depot Street be paved with bitu-lithic composition. This the aldermen were authorized to do by Private Laws 1901, amended by chapters 283 and 401, Private Laws 1905. As foundation for the order there was a petition filed with the mayor and board of aldermen purporting to represent the owners of a majority of the front feet abutting on said avenue, as required by the statute. Notice was given prior to said order in the manner required by said statute.…
2Cases cited6 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Tucker v. SellersIndiana Supreme Court · 1892
- Osborn v. SuttonIndiana Supreme Court · 1886
- Hilliard v. City of AshevilleSupreme Court of North Carolina · 1896
- Spaulding v. North San Francisco Homestead & RailroadCalifornia Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ainsley v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
- Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
- Raleigh v. . BankSupreme Court of North Carolina · 1943
- Felmet v. Town of CantonSupreme Court of North Carolina · 1919
- City of Raleigh v. Mechanics & Farmers BankSupreme Court of North Carolina · 1943
11 more not listed; retrieve them via the Exa API.