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BROWN v. DOBY

No. 450.

94 S.E.2d 895 (1956)

244 N.C. 746

R. L. BROWN, Jr., John B. Morris, Jr., J. Heath Morrow, Ted P. Furr, Charles W. Pickler and H. Wells Rogers, Trustees of the Albemarle City Administrative Unit, and Claud Grigg, Superintendent of Public Instruction of the Albemarle City Administrative Unit, Petitioners, v. Eliza Jane DOBY and J. Lillian Doby, Respondents.

Supreme Court of North Carolina.

November 7, 1956.

Attorney(s) appearing for the Case

Sedberry, Clayton & Sanders, Charlotte, by J. C. Sedberry, Charlotte, for respondents, appellants.

Staton P. Milliams, Albemarle, for petitioners, appellees.

PER CURIAM.

Upon failure to acquire by gift or purchase, discretionary power existed in the petitioners to select and take land (not exceeding 30 acres) for school purposes. No right to stay the taking existed in the respondents. Burlington City Board of Education v. Allen, 243 N.C. 520, 91 S.E.2d 180. The respondents' rights are limited to the recovery of damages. The petitioners' liability is to...

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