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JOHNSON v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 527.

130 S.E.2d 544 (1963)

259 N.C. 371

Frank A. JOHNSON and wife, Margie B. Johnson, Farmers Mutual Fire Insurance Association, Randolph County Branch, and H. Wade Yates, Trustee for the Farmers Mutual Fire Insurance Association, Randolph County Branch, v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

May 1, 1963.

Attorney(s) appearing for the Case

Ottway Burton Asheboro, for plaintiffs-appellants.

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., John C. Daniel, Jr., and Andrew McDaniel, Trial Attys., Raleigh, for the State.

DENNY, Chief Justice.

The appellants undertake to challenge for the first time in this Court, the constitutionality of G.S. § 136-108, which reads as follows: "After the filing of the plat, the judge, upon motion and ten (10) days' notice by either the Highway Commission or the owner, shall, either in or out of term, hear and determine any issue raised by the pleadings, other than the issue of damages, including, if controverted, questions of necessary and proper...

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