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DENNIS v. CITY OF RALEIGH

No. 465.

116 S.E.2d 923 (1960)

253 N.C. 400

Walton S. DENNIS, Jr., on behalf of himself and all other taxpayers in the City of Raleigh, v. CITY OF RALEIGH, a Municipal Corporation.

Supreme Court of North Carolina.

November 23, 1960.

Attorney(s) appearing for the Case

Teague, Johnson & Patterson, Raleigh, for plaintiff, appellant.

Paul F. Smith, Raleigh, for defendant, appellee.

BOBBITT, Justice.

A municipal corporation has "the powers prescribed by statute, and those necessarily implied by law, and no other." G.S. § 160-1. Defendant relies solely on the statutory authority granted by Section 22(40) of Chapter 1184, Session Laws of 1949, "The Charter of the City of Raleigh," which provides:

"Sec. 22. Expressed Powers Enumerated. In addition to the powers now or hereafter granted to...

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