Stephens Co. v. City of Charlotte

Does a provision of the charter of the city of Charlotte, requiring notice, apply to an action for compensation for the taking of private property for public use?

The plaintiff was permitted to amend the complaint by alleging “and that, by such taking and using, the defendant by virtue of an implied promise and agreement on its part to pay the plaintiff for said water mains, became indebted to the plaintiff in the amount of the value thereof.” By virtue of such amendment the plaintiff contends that the suit is based upon contract, and hence the charter provision does not aPp]y because such…