Safrit v. Costlow

Judge Latham ruled in the separate action (No. 110 on our docket) that the 1963 statute, to wit, Chapter 1189, Session Laws of 1963, referred to in the quoted paragraph of the plan, was unconstitutional and void as violative of Article II, Section 29, of the Constitution of North Carolina. As to this, as set forth in the opinion in the separate action, this Court is in accord. Defendants may not predicate rights upon said 1963 statute.

The court ruled correctly that this action was timely and properly brought pursuant to G.S. 160-453.5 (h). The court’s further rulings appear to be in accord…