Legal Opinion
Hughey v. Cloninger
Supreme Court of North Carolina
Decided April 20, 1979No. 4PublishedCited by 18 opinions
1Opinion of the Court
HUSKINS, Justice.
This appeal challenges the legality of an appropriation made by the Gaston County Board of Commissioners to the Dyslexia School of North Carolina, Inc.
It is axiomatic that a county has no power to appropriate funds unless authorized to do so by the General Assembly. The General Assembly determines the purposes for which a county may appropriate funds, which funds shall be utilized, and the manner in which appropriations are to be made. As Justice Bobbitt, later Chief Justice, states in Harris v. Board of Commissioners, 274 N.C. 343, 163 S.E. 2d 387 (1968):
“Counties are…
2Cases cited14 opinions
- State Ex Rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1977
- Mitchell v. North Carolina Industrial Development Financing AuthoritySupreme Court of North Carolina · 1968
- State v. BlackwellSupreme Court of North Carolina · 1957
- Coggins Ex Rel. Coggins v. Board of EducationSupreme Court of North Carolina · 1944
- Abbott Realty Co. v. City of CharlotteSupreme Court of North Carolina · 1930
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hart v. StateSupreme Court of North Carolina · 2015
- State v. CornSupreme Court of North Carolina · 1981
- Maready v. City of Winston-SalemSupreme Court of North Carolina · 1996
- High Rock Lake Partners, LLC v. North Carolina Department of TransportationSupreme Court of North Carolina · 2012
- In Re HuberCourt of Appeals of North Carolina · 1982
13 more not listed; retrieve them via the Exa API.