Dennis v. City of Raleigh

A municipal corporation has “the powers prescribed by statute, and those necessarily implied by law, and no other.” G.S. 160-1. Defendant relies solely on the statutory authority granted by Section 22(40) of Chapter 1184, Session Laws of 1949, “The Charter of the City of Raleigh,” which provides:

“Sec. 22. Expressed Powers Enumerated. In addition to the powers now or hereafter granted to municipalities under the general laws of the State of North Carolina, the City of Raleigh shall have the following expressed powers hereby granted to it:

(i

“(40) To appropriate annually, in the discretion of…