Town of Boone v. State

Although I concur in the Court’s determination that the Boone Act is not facially unconstitutional, I am unable to agree with the Court’s determination to uphold the Boone Act pursuant to the first portion of the first paragraph of Article VII, Section 1 of the North Carolina Constitution, which recognizes the General Assembly’s authority to provide for the “organization and government and the fixing of boundaries of counties, cities and towns, and other governmental subdivisions” on the theory that the Boone Act effectuates a “reorganization” of the authority granted to Boone and Watauga…