J. Furman Broadway v. Town of Asheboro
NC.40210; 250 N.C. 232; 108 S.E.2d 441 (1959)
Supreme Court of North Carolina No. 530
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[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.