Legal Opinion

Arbogast v. . Buncombe County

Supreme Court of North Carolina

Decided October 9, 1935Published

1Opinion of the CourtBsogdbN, J.

As it is admitted that the paving of the street, the levying of the assessment, and the sale of the property complied in all respects with the provisions of chapter 334 of the Public-Local Laws of 1923, only one question of law can be presented, and that is whether said statute is constitutional.

The statute provided for a petition to be signed by two-thirds of “the abutting property owners.” It further provided that an accurate map of the various lots and lands abutting on the highway should be filed in the office of the county clerk, “to be subject to public inspection,” etc. The statute…

2Cases cited3 opinions

  1. Beaufort County v. . MayoSupreme Court of North Carolina · 1934
  2. Vester v. Town of NashvilleSupreme Court of North Carolina · 1925
  3. Jones v. City of DurhamSupreme Court of North Carolina · 1929

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