Orange County v. Heath

BRITT, Judge.

It appears to be well settled law in this State that except where waived under authority of statute, the common law rule of governmental immunity is still the law in North Carolina; and that in enacting and enforcing zoning regulations, a municipality acts as a governmental agency and exercises the police power of the State. Town of Hillsborough v. Smith, 10 N.C. App. 70, 178 S.E. 2d 18 (1970) and cases therein cited, cert. den. 2 February 1971, 277 N.C. 727, 178 S.E. 2d 831.

But defendants contend that by the enactment of G.S. 1A-1, Rule 65(c) the General Assembly abrogated the…