Greensboro-High Point Airport Authority v. Johnson
Supreme Court of North Carolina
Appeal by defendants from Sink, J., at Chambers in tbe courthouse in Greensboro, N. C., 19 October, 1945. The three cases above entitled, because of their similarity in factual and legal features and interconnected interests, were consolidated for hearing, and by consent of all parties heard by Judge Hoyle Sink on agreed facts without a jury.
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Appeal by defendants from Sink, J., at Chambers in tbe courthouse in Greensboro, N. C., 19 October, 1945. The three cases above entitled, because of their similarity in factual and legal features and interconnected interests, were consolidated for hearing, and by consent of all parties heard by Judge Hoyle Sink on agreed facts without a jury. The actions are brought for writs of mandamus to compel defendants, treasurers of Guilford County, the City of Greensboro, and the City of High Point, respectively, to pay to the plaintiff appropriations made by their respective boards and governing…
1Opinion of the CourtSeawell, J.
Preliminary to a discussion of the questions involved in the appeal, there are certain postulates which must be conceded:(a) The establishment and maintenance of an airport is a public purpose within the objects of municipal expenditure. Goswick v. Durham, 211 N. C., 687, 191 S. E., 728; Turner v. Reidsville, 224 N. C., 42, 29 S. E. (2d), 211; City of Reidsville v. Slade, 224 N. C., 48, 29 S. E. (2d), 215.(b) It is not a necessary expense, however, and debt may not be incurred or taxes levied for that purpose without a vote of the people. Sing v. Charlotte, 213 N. C., 60, 197 S. E., 151.(c)…
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