State Ex Rel. Edmisten v. Tucker

MEYER, Justice.

This unprecedented civil action poses many novel and interesting questions concerning the operation of the Declaratory Judgment Act, G.S. § 1-253 et seq. and the process of constitutional adjudication. The narrow legal issues presented by the State’s appeal concern whether the complaint alleged a controversy justiciable under the Declaratory Judgment Act and whether the trial court was without jurisdiction to issue the writs of mandamus or prohibition to the judicial defendants. 1 We hold that the State’s complaint was properly dismissed and the petition properly denied. A…