Hill v. Board of Commissioners

The basis of' the present action is the alleged unconstitutionality of chapter 46, Public-Local Laws, Extra Session, 1924.

It is contended, in the first place, that the act in question is violative of Article II, sec. 29, of the Constitution, which provides, in part, as follows: “The General Assembly shall not pass any local, private, or special act or resolution . . . authorizing the laying out, opening, altering, maintaining, or discontinuing of highways, streets, or alleys.”

In Brown v. Comrs., 173 N. C., 598, it was said that the prohibition of this section of the Constitution was against…