![]() 187, 293 S.E.2d 101(1982), in which we held that for a "taking" to occur, "there need only be a substantial interference with elemental rights growing out of the ownership of the property." Id. The crux of the plaintiffs' argument is that the City's actions in terminating the franchises upon annexation is an unconstitutional taking of their property. We disagree with both contentions and will address the latter issue first. Plaintiffs also emphatically reject the premise that passage by the legislature of the annexation ordinance was an implied condition justifying termination of any exclusive franchise granted pursuant to N.C.G.S. In essence, plaintiffs contend that the City's extension of solid waste collection services into their franchise areas represented a governmental taking of their property for which plaintiffs are entitled to just compensation under the fifth and fourteenth amendments to the United States Constitution and under article I, section 19 of the Constitution of North Carolina. The primary question presented for review is a matter of first impression for this Court: Does an exclusive solid waste collection franchise granted by a county remain effective in areas subsequently annexed by a city and thereby entitle the franchisees to compensation for a taking when the city, pursuant to statutory mandate, begins providing its own garbage collection service? For the reasons stated here, we answer the question in the negative and conclude that the Court of Appeals erred in finding a "taking" requiring compensation by the City of Winston-Salem. Karpinos, Winston-Salem, for defendant-appellant. Womble, Carlyle, Sandridge & Rice by Roddey M. Pfefferkorn, Winston-Salem, for plaintiff-appellees. *235 Pfefferkorn, Cooley, Pishko & Elliot, P.A. The CITY OF WINSTON-SALEM, North Carolina, a municipal body corporate. ![]() TUTTLE, doing business as "Forsyth Garbage and Container Service", a sole proprietorship WHITMAN, Jr., doing business as "South Fork Sanitary Service", a sole proprietorship The CITY OF WINSTON-SALEM, North Carolina, a municipal body corporate.Ĭlyde H. ![]() Sawyer, a North Carolina partnership, doing business as "Community Garbage Service"
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