Fields Ex Rel. Fields v. Durham City Board of Education

Under the provisions of G.S. 115-27, county and city boards of education are respectively created “a body corporate,” capable of “* * * prosecuting and defending suits for or against the corporation.” This, however, does not mean that the Legislature has waived immunity from liability for torts for such boards.

Generally speaking, such an agency may sue or be sued on contracts entered into and d.uly executed by it. Likewise, a county or city board of education may not take private property for public use without paying just compensation therefor. Eller v. Bd. of Education, 242 N.C. 584, 89…