Legal Opinion

Barbour v. Little

Court of Appeals of North Carolina

Decided August 29, 1978No. 7715SC435PublishedCited by 44 opinions

1Opinion of the Court

PARKER, Judge.

By this action plaintiffs seek a declaratory judgment determining that certain of our General Statutes dealing with acquisition of lands for State parks are unconstitutional. While the validity of a statute, when directly and necessarily involved, may be determined in a properly constituted action under the Declaratory Judgment Act, G.S. 1-253 et seq., “this may be done only when some specific provision(s) thereof is challenged by a person who is directly and adversely affected thereby.” Greensboro v. Wall, 247 N.C. 516, 519-20, 101 S.E. 2d 413, 416 (1958). None of the…

2Cases cited6 opinions

  1. Lide v. MearsSupreme Court of North Carolina · 1949
  2. Town of Tryon v. Duke Power Co.Supreme Court of North Carolina · 1942
  3. City of Greensboro v. WallSupreme Court of North Carolina · 1958
  4. Penn v. Carolina Virginia Coastal Corp.Supreme Court of North Carolina · 1950
  5. Alltop v. JC PENNEY COMPANYCourt of Appeals of North Carolina · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Oliver v. RobertsCourt of Appeals of North Carolina · 1980
  2. Sellers v. MortonCourt of Appeals of North Carolina · 2008
  3. Fabrikant v. Currituck CountyCourt of Appeals of North Carolina · 2005
  4. Wake County v. Hotels.com, L.P.Court of Appeals of North Carolina · 2014
  5. Barbour v. LittleCourt of Appeals of North Carolina · 1978

39 more not listed; retrieve them via the Exa API.

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