Legal Opinion

Town of Boone v. State

Supreme Court of North Carolina

Decided December 21, 2016No. 93A15-2PublishedCited by 13 opinions

1Opinion of the Court

NEWBY, Justice.

In this case we consider whether the General Assembly may withdraw the previous extension of a town’s jurisdiction beyond its corporate limits and return governance to the county. The first clause of Article VII, Section 1 of our state constitution recognizes the historic plenary authority of the General Assembly to provide for the “organization and government and the fixing of boundaries of counties, cities and towns, and other governmental subdivisions.” This language acknowledges the legislative power to organize local government and fix the jurisdictional boundaries.…

2Cases cited43 opinions

  1. Wesberry v. SandersSupreme Court of the United States · 1964
  2. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  3. Lassiter v. Northampton County Board of ElectionsSupreme Court of the United States · 1959
  4. In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
  5. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989

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3Cited by13 opinions

  1. Bennett v. Winston-Salem Southbound Railway Co.Supreme Court of North Carolina · 1915
  2. N.C. State Bd. of Educ. v. StateSupreme Court of North Carolina · 2018
  3. Carcaño v. CooperDistrict Court, M.D. North Carolina · 2018
  4. Town of Pinebluff v. Moore Cty.Court of Appeals of North Carolina · 2018
  5. Cheryl Lloyd Humphrey Land Inv. Co., LLC v. Resco Prods., Inc.Supreme Court of North Carolina · 2021

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