Legal Opinion

Cole v. City of Asheville

Court of Appeals of North Carolina

Decided October 23, 1968No. 6828SC400Published

1Opinion of the CourtMorris, J.

The validity of the ordinance creating an Asheville Transit Authority is not before us. The only error assigned is the failure of the trial court to find as a fact and conclude as a matter of law that the operation of a public transportation system is a necessary expense as the term is used in Article VII, section 6, of the Constitution of the State of North Carolina.

Article VII, section 6, provides:

“No county, city, town, or other municipal corporation shall contract any debt, pledge its faith or loan its credit, nor shall any tax be levied or collected by any officers of the same except for…

2Cases cited18 opinions

  1. Board of Managers of the James Walker Memorial Hospital v. City of WilmingtonSupreme Court of North Carolina · 1953
  2. Airport Authority v. . JohnsonSupreme Court of North Carolina · 1946
  3. Henderson v. . WilmingtonSupreme Court of North Carolina · 1926
  4. Jamison v. City of CharlotteSupreme Court of North Carolina · 1954
  5. Wilson v. City of CharlotteSupreme Court of North Carolina · 1934

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