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YODER v. BOARD OF COMMISSIONERS OF BURKE COUNTY

No. 7025SC167.

173 S.E.2d 529 (1970)

7 N.C. App. 712

Randall YODER, Daisy Lail, Jerry Chatham, Glenn Dameron and Lillian Frey v. The BOARD OF COMMISSIONERS OF BURKE COUNTY and the Individual members thereof, John A. Bleynat, Alfred W. Hamer, Jr., Leighton W. Harbison, Joseph A. McGimsey, Jr., and Everett Eckard, and William M. Avery, Tax Collector of Burke County.

Court of Appeals of North Carolina.

Certiorari Denied June 12, 1970.

Attorney(s) appearing for the Case

George S. Daly, Jr., Casey & Daly, Charlotte, for appellants.

H. L. Riddle, Jr., Riddle & McMurray, Dan R. Simpson, Simpson, Simpson & Martin, Morganton, for appellees.

MALLARD, Chief Judge.

In their briefs plaintiffs and defendants are in accord that the question presented by this appeal is whether the Reserve Fund created by the Burke County Board of Commissioners, without approval by vote of the people, was a "necessary expense" within the meaning of Article VII, Section 6, of the North Carolina Constitution.

G.S. § 115-80(c) reads: "Capital Outlay Budget.—In the same manner and at the same time each county...

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