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STATE EX REL. EDMISTEN v. TUCKER

No. 453PA84.

323 S.E.2d 294 (1984)

312 N.C. 326

STATE of North Carolina, ex rel. Rufus L. EDMISTEN, Attorney General v. The Honorable Elton G. TUCKER, District Court Judge for the Fifth Judicial District et al.

Supreme Court of North Carolina.

December 4, 1984.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., and David Roy Blackwell and W. Dale Talbert, Asst. Attys. Gen., Raleigh, for the State.

Tharrington, Smith & Hargrove by Wade M. Smith, Roger W. Smith, and Douglas E. Kingsberry, Raleigh, for defendant-Judges Philip O. Redwine, George R. Greene, Narley L. Cashwell and Lewis Bulwinkle.

Harris, Bumgardner & Carpenter by James R. Carpenter and R. Dennis Lorance, Gastonia, for defendant John Bernard Howren, Jr.

Lucas, Brown & Lock by Thomas H. Lock, Selma, for defendant Anthony Wayne Rose.

Van Camp, Gill & Crumpler by William B. Crumpler, Raleigh, for defendants Stephen J. Hartwig, Willie A. Johnson, Dannie Lin Tew, and Gary Raymond Henry.

Hafer, Hall & Schiller by Kyle S. Hall, Raleigh, for defendant David Adcock Powell.

Merriman, Nicholls, Crampton, Dombalis & Aldridge, P.A. by Nicholas J. Dombalis, II, Raleigh, for defendant Maxie Thomas Coker.*

MEYER, Justice.

This unprecedented civil action poses many novel and interesting questions concerning the operation of the Declaratory Judgment Act, G.S. § 1-253 et seq. and the process of constitutional adjudication. The narrow legal issues presented by the State's appeal concern whether the complaint alleged a controversy justiciable under the Declaratory Judgment Act and whether the trial court was without jurisdiction to issue the writs of mandamus...

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