J. Furman Broadway v. Town of Asheboro

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