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ORANGE COUNTY v. HEATH

No. 7215SC93.

187 S.E.2d 345 (1972)

14 N.C. App. 44

ORANGE COUNTY, a Municipal Corporation v. Forrest T. HEATH and wife, Nancy B. Heath.

Court of Appeals of North Carolina.

Certiorari Allowed June 13, 1972.

Attorney(s) appearing for the Case

Graham & Cheshire by Lucius M. Cheshire, Hillsborough, for plaintiff appellee.

Winston, Coleman & Bernholz by Alonzo Brown Coleman, Jr., Hillsborough, for defendants appellants.

Certiorari Allowed by Supreme Court June 13, 1972.

BRITT, Judge.

It appears to be well settled law in this State that except where waived under authority of statute, the common law rule of governmental immunity is still the law in North Carolina; and that in enacting and enforcing zoning regulations, a municipality acts as a governmental agency and exercises the police power of the State. Town of Hillsborough v. Smith, 10 N.C. App. 70

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