Legal Opinion · Dissent

Porsh Builders, Inc. v. City of Winston-Salem

Supreme Court of North Carolina

Decided April 7, 1981No. 96Published

1DissentJustice Carlton

I respectfully dissent from the majority opinion because I think it incorrectly interprets the intent of our Legislature with respect to the responsibility of a municipal governing body in reviewing the sale to private developers of property owned by a redevelopment commission. In my opinion, this decision seriously impairs the ability of city officials to manage responsibly the business affairs of the city with which they are entrusted.

The sole issue presented by this appeal is the interpretation of the requirement in G.S. 160A-514(d) that “[a]fter receipt of all bids, the sale shall be made…

2Cases cited4 opinions

  1. Stevenson v. City of DurhamSupreme Court of North Carolina · 1972
  2. Claus v. BabiarzCourt of Chancery of Delaware · 1963
  3. Claus v. BabiarzCourt of Chancery of Delaware · 1963
  4. Futterman-Marott Corp. v. City of Fort WayneIndiana Supreme Court · 1967

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