Penn v. Carolina Virginia Coastal Corp.

Taking the facts alleged in the petition to be true, as is done in a civil action in this State, in considering the sufficiency of a pleading to withstand the challenge of demurrer, and applying applicable principles of law, the court properly held that the allegations of the petition are insufficient to state a cause of action.

The Act of the General Assembly of 1949, Chapter 1024 of 1949 Session Laws of North Carolina, authorizes the creation of and prescribes the machinery by petition for creating a municipal corporation for the purpose of acquiring rights of way for and owning and…