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ANGELL v. CITY OF RALEIGH

No. 536.

148 S.E.2d 233 (1966)

267 N.C. 387

Ray E. ANGELL, Robert B. Corns, David M. Crenshaw, and James L. Stough, on behalf of themselves and all other citizens and taxpayers of the City of Raleigh, v. The CITY OF RALEIGH, a municipal corporation, James W. Reid, Charles W. Gaddy, Earl H. Hostetler, William L. McLaurin, Travis H. Tomlinson, John W. Winters, and William H. Worth, members of the City Council of the City of Raleigh, North Carolina, T. Wade Bruton, Attorney General of the State of North Carolina, and Southeastern Cablevision Company.

Supreme Court of North Carolina.

May 25, 1966.

Attorney(s) appearing for the Case

Johnson, Gamble & Hollowell, Raleigh, for plaintiffs, appellants.

Smith, Leach, Anderson & Dorsett and Donald L. Smith, Associate City Atty., Raleigh, for defendants, appellees.

EMERY B. DENNY, Emergency Judge.

In the case of Lide v. Mears, 231 N.C. 111, 56 S.E.2d 404, Ervin, J., speaking for the Court, said:

"There is much misunderstanding as to the object and scope of this legislation (the Uniform Declaratory Judgment Act). Despite some notions to the contrary, it does not undertake to convert judicial tribunals into counsellors and impose upon them the duty of...

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