Gooden v. Brooks

ARNOLD, Judge.

Defendant first argues that plaintiffs lack standing to bring this action, since the relief they seek is merely prospective. A party has no standing to enjoin the enforcement of a statute unless he can show that his rights have been impinged or are immediately threatened by the statute. 7 Strong’s N.C. Index 3d, Injunctions § 5.1. It is apparent here that with the exception of Ward Lumber Company no plaintiff’s rights have been impinged upon by the statute, and we find that the other plaintiffs’ rights are not “immediately threatened.” The only indication that there may be plans…