Legal Opinion

Raintree Corp. v. City of Charlotte

Court of Appeals of North Carolina

Decided November 4, 1980No. 8026SC354PublishedCited by 4 opinions

1Opinion of the Court

HEDRICK, Judge.

*395We note at the outset that this is a declaratory judgment proceeding wherein the court entered a judgment that not only declared the rights of the parties under the contract, but also entered a monetary judgment for plaintiff. While neither party has raised the question of the propriety of a monetary judgment in a declaratory judgment proceeding, we deem it proper to point out that G.S. § 1-259 provides that upon petition and notice, the court can grant further relief “whenever necessary or proper” in a declaratory judgment proceeding, and such relief can be a judgment for…

2Cases cited10 opinions

  1. Williams v. Pilot Life Insurance CompanySupreme Court of North Carolina · 1975
  2. Seders v. Powell, Comr. of Motor VehiclesSupreme Court of North Carolina · 1979
  3. Dean v. MattoxSupreme Court of North Carolina · 1959
  4. Madry v. Town of Scotland NeckSupreme Court of North Carolina · 1938
  5. York v. NewmanCourt of Appeals of North Carolina · 1968

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3Cited by4 opinions

  1. Walton v. City of RaleighSupreme Court of North Carolina · 1996
  2. Begley v. Employment Security CommissionCourt of Appeals of North Carolina · 1981
  3. Begley v. Employment Security CommissionCourt of Appeals of North Carolina · 1981
  4. Lockerman v. S. River Elec. Membership Corp.North Carolina Business Court · 2015

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