DAVIS v. IREDELL COUNTY

No. 7022SC488.

176 S.E.2d 361 (1970)

9 N.C. App. 381

A. Lyle DAVIS and Ray Jay Weisner, residents and taxpayers of Iredell County, North Carolina, in their own interest and in the interest of all other residents and taxpayers of Iredell County who may make themselves parties to this action v. IREDELL COUNTY, North Carolina, a Body Politic and Corporate, duly created by the State of North Carolina.

Court of Appeals of North Carolina.

September 16, 1970.


Attorney(s) appearing for the Case

Raymer, Lewis & Eisele, by Douglas G. Eisele, Statesville, for plaintiffs appellants.

Chamblee, Nash & Frank, by Jay F. Frank, Statesville, for defendant appellee.


CAMPBELL, Judge.

Plaintiffs assign as error the dismissal of the action by the trial judge under Rule 12 of the North Carolina Rules of Civil Procedure for failure to state a claim upon which relief can be granted. They allege that the defendant did not follow the proper statutory procedures in purchasing land and entering contracts in furtherance of a plan to move the Iredell County Courthouse, jail and other public buildings to a new site.

Plaintiff first...

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