Johnson v. North Carolina State Highway Commission

The appellants undertake to challenge for the first time in this Court, the constitutionality of G.S. 136-108, which reads as follows: “After the filing of the plat, the judge, upon motion and ten (10) days’ notice by either the Highway Commission or the owner, shall, either in or out of term, hear and determine any issue raised by the pleadings other than the issue of damages, including, if controverted questions of necessary and proper parties, title to the land, interest taken and area taken.”

It is a well established rule of this Court that it will not decide a constitutional question…