Legal Opinion

Gaddis v. Cherokee County Road Commission

Supreme Court of North Carolina

Decided January 31, 1928PublishedCited by 7 opinions

1Opinion of the CourtBrogden, J.

The judgment of the court commands the defendant to proceed within ten days to make the change in location of the road in accordance with the resolution of April, 1926. This is equivalent to a mandamus. The plaintiff insists that the resolution of April, 1926, constituted a contract between him and the defendant with respect to the location of the road in controversy. This Court has held that administrative boards, exercising public functions, cannot by contract deprive themselves of the right to exercise the discretion delegated by law, in the performance of public duties, and the courts…

2Cases cited6 opinions

  1. Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
  2. Barnes v. Commissioners.Supreme Court of North Carolina · 1904
  3. Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
  4. Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1925
  5. Tomlinson v. . BennettSupreme Court of North Carolina · 1907

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3Cited by7 opinions

  1. State v. HoblittMontana Supreme Court · 1930
  2. Lewis v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1948
  3. North Carolina Medical Society v. North Carolina Board of NursingCourt of Appeals of North Carolina · 2005
  4. NC MEDICAL SOC. v. NC Bd. of NursingCourt of Appeals of North Carolina · 2005
  5. Ridge Care, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2011

2 more not listed; retrieve them via the Exa API.

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