Legal Opinion

Lee v. Town of Waynesville

Supreme Court of North Carolina

Decided December 20, 1922PublishedCited by 17 opinions

Appeal by defendant from Ferguson, Jat chambers in Waynesville, 25 August, 1922, from Haywood. Civil action, beard on return to a preliminary restraining order.

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Appeal by defendant from Ferguson, Jat chambers in Waynesville, 25 August, 1922, from Haywood. Civil action, beard on return to a preliminary restraining order. On the bearing there were facts tending to show that the board of aldermen of the town of Waynesville, acting under statutory authority, had properly resolved upon and were proceeding to carry out a plan of improvement in straightening, widening, and opening the streets of said town, and in pursuance of their plans proposed to cut off from plaintiff’s lot a corner of same to the extent in all of 28 feet where it projected an acute…

1Opinion of the CourtHoke, J.

From a consideration of the legislation applicable, it appears that the board of aldermen are possessed of ample authority to enter into the proposed improvements of straightening and widening the streets, and to condemn the property required for the purpose on payment of reasonable and just compensation. Private Laws 1885, ch. 127, sec. 16; Public-Local Laws, Extra Session 1921, ch. 28, see. 3; C. S., 2791-2792; Jeffress v. Greenville, 154 N. C., 490; Waynesville v. Satter-thwait, 136 N. C., 226. This being true, it is the accepted principle, declared and upheld in numerous decisions with…

2Cases cited14 opinions

  1. Brodnax v. GroomSupreme Court of North Carolina · 1870
  2. City of Pontiac v. CarterMichigan Supreme Court · 1875
  3. Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
  4. Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
  5. Hyatt v. Dehart.Supreme Court of North Carolina · 1905

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3Cited by17 opinions

  1. Mullen v. Town of LouisburgSupreme Court of North Carolina · 1945
  2. Reed v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1936
  3. City of Durham v. Southern Railway Co.Supreme Court of North Carolina · 1923
  4. School Committee of Seventy-First Consolidated School District v. Board of EducationSupreme Court of North Carolina · 1923
  5. Halifax Paper Co. v. Roanoke Rapids Sanitary DistrictSupreme Court of North Carolina · 1950

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