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MATTER OF BD. OF COM'RS OF DARE COUNTY

No. 851DC337.

335 S.E.2d 527 (1985)

In the Matter of the BOARD OF COMMISSIONERS OF DARE COUNTY, to wit: Robert V. Owens, Chairman, H. Russell Langley, Thomas B. Gray, Joseph T. Lamb, Jr., and Orman L. Mann, and Dare County Manager Jack W. Cahoon.

Court of Appeals of North Carolina.

October 29, 1985.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald, Fountain & Walker by John N. Fountain and Gary K. Joyner, Raleigh, Dwight H. Wheless, Manteo, for appellants.

Atty. Gen. Lacy Thornburg by Sr. Deputy Atty. Gen. William W. Melvin and Sp. Deputy Atty. Gen. Reginald L. Watkins, Raleigh, for appellee.

PARKER, Judge.

Appellants contend, and the State concedes, that Judge Chaffin's order was entered without following necessary procedural requirements for jurisdiction and due process. Specifically, the injunctive order was not issued incident to any pending action. No complaint was filed and no summons was issued. Therefore, the court did not have jurisdiction to issue an injunction. Swindell v. Overton, 62 N.C. App. 160, 302 S.E.2d 841

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