Luther v. Commissioners Buncombe County
Supreme Court of North Carolina
Appeal by plaintiffs from order of Carter, J., rendered at chambers, 15 November, 1913 ; from BuNCOmbe. The commissioners of the county of Buncombe, after due compliance with the provisions of Public Laws 1909, ch. 80, as the court finds, ordered a public road to be laid out over the plaintiff's lands. The proceedings were regularly conducted. Plaintiff applied for an injunction against further action by them, and a restraining order was granted.
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Appeal by plaintiffs from order of Carter, J., rendered at chambers, 15 November, 1913 ; from BuNCOmbe. The commissioners of the county of Buncombe, after due compliance with the provisions of Public Laws 1909, ch. 80, as the court finds, ordered a public road to be laid out over the plaintiff's lands. The proceedings were regularly conducted. Plaintiff applied for an injunction against further action by them, and a restraining order was granted. At the hearing, Judge Carter found the facts to be as above stated, and denied the application for an injunction. It appears also that the order was…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiffs were not entitled to an appeal from the order to lay out the road, unless given by the statute, as such an order is not, in such case, reviewable. This has been settled in Brodnax v. Groom, 64 N. C., 244; S. v. Lyle, 100 N. C., 497; S. v. Jones, 139 N. C., 614; Durham v. Riggsbee, 141 N. C., 128; Jeffress v. Greenville, 154 N. C., 492; Newton v. School Committee, 158 N. C., 186. We held in Durham v. Riggsbee, supra, that the method of taking property for the public use is exclusively within the control of the Legislature,, except in so far as…
2Cases cited11 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- Bennett v. . R. R.Supreme Court of North Carolina · 1915
- Wood v. Duke Land & Improvement Co.Supreme Court of North Carolina · 1914
- Felmet v. Town of CantonSupreme Court of North Carolina · 1919
- Latham v. State Highway CommissionSupreme Court of North Carolina · 1926
3 more not listed; retrieve them via the Exa API.