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BARBOUR v. LITTLE

No. 7715SC435.

247 S.E.2d 252 (1978)

37 N.C. App. 656

Stewart G. BARBOUR, Josephine H. Barbour, D. St. Pierre DuBose, Valinda Hill DuBose, Herbert J. Fox, Frances Hill Fox, and Orange Speedway, Inc. v. George W. LITTLE, Bruce A. Lentz, North Carolina Department of Natural and Economic Resources, and North Carolina Department of Administration.

Court of Appeals of North Carolina.

Certiorari Denied November 3, 1978.

Attorney(s) appearing for the Case

Lucius M. Cheshire, Hillsboro, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. William A. Raney, Jr., and Associate Atty. Gen. JoAnne Sanford Routh, Raleigh, for the State.

Certiorari Denied by Supreme Court November 3, 1978.

PARKER, Judge.

By this action plaintiffs seek a declaratory judgment determining that certain of our General Statutes dealing with acquisition of lands for State parks are unconstitutional. While the validity of a statute, when directly and necessarily involved, may be determined in a properly constituted action under the Declaratory Judgment Act, G.S. 1-253 et seq., "this may be done only when some specific...

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