CENTRE DEVELOPMENT CO. v. COUNTY OF WILSON

No. 797SC138.

261 S.E.2d 275 (1980)

CENTRE DEVELOPMENT COMPANY and Cozart, Eagles & Co., Inc. v. The COUNTY OF WILSON, North Carolina and John D. Wilson, C. Charles Barnes, Roy L. Champion, Onnie R. Cockrell, Jr., Daryl G. Simpson, H. David Glover and W. D. P. Sharpe, III, constituting the Wilson County Board of Commissioners.

Court of Appeals of North Carolina.

January 8, 1980.


Attorney(s) appearing for the Case

Lucas, Rand, Rose, Meyer, Jones & Orcutt by Z. Hardy Rose and R. Michael Jones, Wilson, for plaintiffs-appellants.

Moore, Weaver & Beaman by George A. Weaver, Wilson, for defendants-appellees.


ERWIN, Judge.

Plaintiffs contend that the trial court erred as a matter of law by declaring the constitutionality of a statute at a preliminary hearing on an order to show cause and by failing to defer such question until a final hearing upon the merits after answer had been filed and when all of the facts could be shown.

Before we determine the merits of this case, we must determine whether plaintiffs may invoke the aid of a court of equity to enjoin Wilson...

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