Legal Opinion

Mitchell v. North Carolina Industrial Development Financing Authority

Supreme Court of North Carolina

Decided March 6, 1968No. Case No. 550PublishedCited by 65 opinions

1Opinion of the CourtSharp, J.

This case, brought to test the constitutionality of the North Carolina Industrial Development Financing Act, does not call into question the actual operation of Authority nor does it involve the validity or tax status of any bond issue, for no bonds have been issued. As the Wisconsin court said in State v. Barczak, 34 Wis. 2d 57, 148 N.W. 2d 683, 687, “The case before us involves only a threshold expenditure. It does not go to the pith of the functions or the operations of an industrial development corporation.” The question for decision is whether an initial appropriation of $37,062.00 of…

Also in this document: Dissent.

2Cases cited67 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. Roe v. KervickSupreme Court of New Jersey · 1964
  3. State v. Town of North MiamiSupreme Court of Florida · 1952
  4. Albritton v. City of WinonaMississippi Supreme Court · 1938
  5. McIntyre v. ClarksonSupreme Court of North Carolina · 1961

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3Cited by65 opinions

  1. Lamb v. Wedgewood South Corp.Supreme Court of North Carolina · 1983
  2. Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
  3. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
  4. Leandro v. StateSupreme Court of North Carolina · 1997
  5. Martin v. North Carolina Housing CorporationSupreme Court of North Carolina · 1970

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