Legal Opinion
In Re Housing Authority of City of Salisbury
Supreme Court of North Carolina
Decided April 30, 1952No. 385PublishedCited by 57 opinions
1Opinion of the CourtJohnson, J.
In determining what property is necessary for a public housing site, a broad discretion is vested by statute in housing authority commissioners, to whom the power of eminent domain is delegated. G.S. 157-11; G.S. 157-50; G.S. 40-37.
*467Indeed, so extensive is this discretionary power of bousing commissioners that ordinarily the selection of a project site may become an issuable question, determinable by the court, on nothing short of allegations charging arbitrary or capricious conduct amounting to abuse of discretion. See Power Co. v. Wissler, 160 N.C. 269, 76 S.E. 267; Pue v. Hood, Comr. of…
2Cases cited16 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Wells v. Housing Authority of the City of WilmingtonSupreme Court of North Carolina · 1938
- Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
- In Re Housing Authority of City of Charlotte.Supreme Court of North Carolina · 1951
- Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
11 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Davis v. Dennis Lilly Co.Supreme Court of North Carolina · 1991
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- Mississippi Department of Environmental Quality v. WeemsMississippi Supreme Court · 1995
- Electronic Data Sys. Corp. v. MS DIV. OF MEDICAIDMississippi Supreme Court · 2003
- WACHOVIA BANK AND TRUST COMPANY v. WolfeSupreme Court of North Carolina · 1956
52 more not listed; retrieve them via the Exa API.