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462 IN THE COURT OF APPEALS [I9
Williams v. Town of Grifton and Parker v. Town of Grifton
JEAN H. WILLIAMS AND HAROLD S. ROSE AND WIFE, RITA
ROSE V. THE TOWN OF GRIFTON, A MUNICIPAL CORPORA-TION,
AND IN RE: ANNEXATION ORDINANCE ADOPTED BY
THE TOWN OF GRIFTON, A NORTH CAROLINA MUNICIPAL
CORPORATION, ON JULY 27, 1972 (72 CVS 1511)
HOWARD L. PARKER AND KENNETH CARTER AND AL BREMER
v. THE TOWN OF GRIFTON, A MUNICIPAL CORPORATION, AND
IN RE: ANNEXATION ORDINANCE ADOPTED BY THE TOWN
OF GRIFTON, A NORTH CAROLINA MUNICIPAL CORPORA-TION,
ON JULY 27, 1972 (72 CVS 1512)
No. 733SC391
(Filed 26 September 1973)
1. Appeal and Error § 45-abandonment of exceptions
Exceptions not brought forward and discussed in the brief are
deemed abandoned. Court of Appeals Rule 28.
2. Constitutional Law § 8; Municipal Corporations 2-annexation
statutes - no delegation of legislative power
The statutes providing for the annexation of territory by munici-palities
having a population of less than 5,000 do not constitute an
unlawful delegation of legislative power in violation of Article VIII
of the N. C. Constitution. G.S. 160-453.1 through G.S. 160-453.12.
3. Municipal Corporations 8 2- annexation without consent -due process
Residents of an annexed area were not deprived of their property
without due process of law by the fact that the area was annexed
and their property was made subject to city taxes without their con-sent.
Article I, Sec. 17 of the N. C. Constitution; Fourteenth Amend-ment
to the U. S. Constitution.
4. Municipal Corporations 2- reasons for annexation
The stated reasons of a town board in annexing territory-(1)
essentially all of the town's desirable building sites are exhausted;
(2) the tax base is unable to provide the kind of services people need;
and (3) many interested people are unable to participate in town
governmentdo not violate the intent and spirit of G.S. 160-453.1;
furthermore, the statute does not make it incumbent upon the muni-cipality
to justify annexation other than to the extent of its ability
to serve the areas to be annexed.
5. Municipal Corporations 8 2- annexation - extension of police pro-tection
The evidence was sufficient to support the court's finding that
a town's report on the extension of police protection to an area to be
annexed showed that. on the date of annexation police protection
would be provided to the annexed area on substantially the same
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 486 |
| Full Text | 462 IN THE COURT OF APPEALS [I9 Williams v. Town of Grifton and Parker v. Town of Grifton JEAN H. WILLIAMS AND HAROLD S. ROSE AND WIFE, RITA ROSE V. THE TOWN OF GRIFTON, A MUNICIPAL CORPORA-TION, AND IN RE: ANNEXATION ORDINANCE ADOPTED BY THE TOWN OF GRIFTON, A NORTH CAROLINA MUNICIPAL CORPORATION, ON JULY 27, 1972 (72 CVS 1511) HOWARD L. PARKER AND KENNETH CARTER AND AL BREMER v. THE TOWN OF GRIFTON, A MUNICIPAL CORPORATION, AND IN RE: ANNEXATION ORDINANCE ADOPTED BY THE TOWN OF GRIFTON, A NORTH CAROLINA MUNICIPAL CORPORA-TION, ON JULY 27, 1972 (72 CVS 1512) No. 733SC391 (Filed 26 September 1973) 1. Appeal and Error § 45-abandonment of exceptions Exceptions not brought forward and discussed in the brief are deemed abandoned. Court of Appeals Rule 28. 2. Constitutional Law § 8; Municipal Corporations 2-annexation statutes - no delegation of legislative power The statutes providing for the annexation of territory by munici-palities having a population of less than 5,000 do not constitute an unlawful delegation of legislative power in violation of Article VIII of the N. C. Constitution. G.S. 160-453.1 through G.S. 160-453.12. 3. Municipal Corporations 8 2- annexation without consent -due process Residents of an annexed area were not deprived of their property without due process of law by the fact that the area was annexed and their property was made subject to city taxes without their con-sent. Article I, Sec. 17 of the N. C. Constitution; Fourteenth Amend-ment to the U. S. Constitution. 4. Municipal Corporations 2- reasons for annexation The stated reasons of a town board in annexing territory-(1) essentially all of the town's desirable building sites are exhausted; (2) the tax base is unable to provide the kind of services people need; and (3) many interested people are unable to participate in town governmentdo not violate the intent and spirit of G.S. 160-453.1; furthermore, the statute does not make it incumbent upon the muni-cipality to justify annexation other than to the extent of its ability to serve the areas to be annexed. 5. Municipal Corporations 8 2- annexation - extension of police pro-tection The evidence was sufficient to support the court's finding that a town's report on the extension of police protection to an area to be annexed showed that. on the date of annexation police protection would be provided to the annexed area on substantially the same |
