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CITY OF GREENSBORO v. WALL

No. 606.

101 S.E.2d 413 (1958)

247 N.C. 516

CITY OF GREENSBORO, George H. Roach, William B. Burke, Tom E. Brown, J. M. Denny, D. Newton Farnell, Jr., William Folk, Jr., Elbert F. Lewis, Albert F. Stevens, Jr., and E. R. Zane, Redevelopment Commission of Greensboro, Joseph T. Carruthers, Jr., M. A. Arnold, Mrs. Elizabeth Bridgers, Vance Chavis and Bynum Hines, v. Percy L. WALL.

Supreme Court of North Carolina.

January 10, 1958.

Attorney(s) appearing for the Case

Adam Younce, Greensboro, for defendant, appellant.

H. J. Elam, III, and King, Adams, Kleemeir & Hagan, Greensboro, for plaintiffs, appellees.

Weston P. Hatfield, Winston-Salem, and John T. Morrisey, amici curiae.

BOBBITT, Justice.

Jurisdiction under the Declaratory Judgment Act, G.S. § 1-253 et seq., may be invoked "only in a case in which there is an actual or real existing controversy between parties having adverse interest in the matter in dispute." Lide v. Mears, 231 N.C. 111, 56 S.E.2d 404, 409, and cases cited. It must appear that "a real controversy...

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