School District, Joint No. 71 v. Throckmorton

The opinion of the court was delivered by

Jackson, J.:

This action for a declaratory judgment was filed in Graham County. The plaintiffs, some twenty-four common and high school districts of the state, challenged the constitutionality of Chapter 361, Laws of 1961 which now appears as G. S. 1961 Supp. 72-6701 et seq. This act has become known as the Unified School District Act. The district court heard the parties as soon as the pleadings were filed and found the Act violated the state constitution in a number of particulars including the charge that it unlawfully delegated legislative…