Legal Opinion

City of New Bern v. New Bern-Craven County Board of Education

Court of Appeals of North Carolina

Decided December 21, 1993No. 923SC730Published

1Opinion of the Court

COZORT, Judge.

The question presented by this appeal is whether the trial court erred in declaring unconstitutional three statutes which transfer exclusive jurisdiction of the enforcement of various building codes from the City of New Bern, North Carolina, to Craven County. We find the statutes to be unconstitutional pursuant to N.C. Const, art. II, § 24. We thus affirm. The facts and procedural history follow.

*100On 26 June 1986, the North Carolina General Assembly enacted Chapter 805 of the 1985 Session Laws entitled “AN ACT TO PROVIDE FOR ENFORCEMENT OF BUILDING AND OTHER CODES BY THE COUNTY OF…

2Cases cited13 opinions

  1. Adams v. North Carolina Department of Natural & Economic ResourcesSupreme Court of North Carolina · 1978
  2. McIntyre v. ClarksonSupreme Court of North Carolina · 1961
  3. Yarborough v. North Carolina Park CommissionSupreme Court of North Carolina · 1928
  4. State v. WarrenSupreme Court of North Carolina · 1960
  5. Glenn v. . Board of EducationSupreme Court of North Carolina · 1936

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