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WHITE v. PATE

No. 511PA82.

304 S.E.2d 199 (1983)

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

Supreme Court of North Carolina.

July 7, 1983.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith and John A. Dusenbury, Jr., Greensboro, for plaintiffsappellants.

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

Ward & Smith, P.A. by William Joseph Austin, Jr., New Bern, for defendants-appellees S.W. McCoy, Fletcher McCoy and Carlton Ward, Com'rs of the Core Creek Drainage Dist.

MITCHELL, Justice.

The principal question presented is whether the provisions of G.S. 156-81(a) and (i) giving Clerks of Superior Court discretionary authority to appoint drainage commissioners, in lieu of such commissioners being elected as otherwise provided by law, deny the plaintiffs the equal protection of the laws guaranteed by Article I, § 19 of the Constitution of North Carolina. We hold that they do not.<...

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