WHITE v. PATE

No. 813SC1140.

293 S.E.2d 601 (1982)

Hazel WHITE, Beatrice McCoy, Artis Chadwick, Linwood Chadwick, and Mary H. White v. Dorothy PATE, Clerk of Superior Court of Craven County; and S. W. McCoy, Fletcher McCoy, and Carlton Ward, Commissioners of the Core Creek Drainage District.

Court of Appeals of North Carolina.

July 20, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. Millard R. Rich, Jr., Raleigh, for defendant-appellee Dorothy Pate, Clerk of Superior Court, Craven County.

Ward & Smith by William Joseph Austin, Jr., New Bern, for defendants-appellees, the Com'rs of the Core Creek Drainage District.

Smith, Patterson, Follin, Curtis, James and Harkavy by Norman B. Smith, Greensboro, for plaintiffs-appellants.


CLARK, Judge.

We elect to proceed directly to the constitutional question without considering whether the trial court erred in the rulings relating to collateral attack and to joinder of necessary parties. Plaintiffs here contend that G.S. 156-81, which provides for election of drainage commissioners, or their appointment by the Clerk of Superior Court is unconstitutional in that it deprives them of voting rights given landowners in other districts of the State where...

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