CITY OF DURHAM v. MANSON

No. 25.

208 S.E.2d 662 (1974)

285 N.C. 741

CITY OF DURHAM v. W. Y. MANSON et al.

Supreme Court of North Carolina.

October 10, 1974.


Attorney(s) appearing for the Case

Paul, Keenan & Rowan by James V. Rowan, Durham, for appellants, W. Y. Manson and wife, Patricia S. Manson.

W. I. Thornton, Jr., City Atty., Rufus C. Boutwell, Jr., and Douglas A. Johnston, Asst. City Attys., Durham, for appellee, City of Durham.

Robert Morgan, Atty. Gen., by C. Diederich Heidgerd, Associate Atty., Raleigh, amicus curiae for the State.

Henry W. Underhill, Jr., City Atty., and Charles R. Buckley, III, Asst. City Atty., amicus curiae for the City of Charlotte.

Jesse L. Warren, City Atty., and Dale Shepherd, Asst. City Atty., amicus curiae for the City of Greensboro.


MOORE, Justice.

Defendants contend first that the Court of Appeals erred in passing upon the constitutionality of Chapter 506, which incorporates Article 9 of Chapter 136 of the General Statutes, the so-called "quick-take" procedure for condemnation under which plaintiff filed this action.

The trial court dismissed the action for the reason that G.S. § 160-205, as amended by Chapter 506, had been repealed by Chapter 698, Session Laws of 1971 (now codified...

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