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NORTHAMPTON CTY. DRAINAGE DIST. v. BAILEY

No. 876SC1204.

373 S.E.2d 560 (1988)

92 N.C. App. 68

NORTHAMPTON COUNTY DRAINAGE DISTRICT NUMBER ONE, Plaintiff, v. Larry Donald BAILEY, Jr. and wife, Maxine Spence Bailey; Betty Gatlin, Unmarried; Claude M. Fennell and wife, Brenda D. Fennell; Thomas L. Redd and wife, Connie B. Redd; Jesse B. Outlaw and wife, Dessie B. Outlaw; William Slade and wife, Kathleen Slade; James M. Bush and wife, Dorothy W. Bush; Thomas David Tann and wife, Vernear O. Tann; Jesse Lee Eason and wife, Lily M. Eason; Lucius Cornell Slade, Unmarried; Whallon Holloman and wife, Sawyer Holly Holloman; James O. Buchanan, Trustee for Farmer's Home Administration, lienholder; Joseph J. Flythe, Trustee for the Federal Land Bank of Columbia, lienholder; Thurman E. Burnette, Trustee for Farmer's Home Administration, lienholder; Joseph J. Flythe, Trustee for John M. Fields, lienholder, Defendants, and Manning P. Cooke, Agent, Robert Darrell Morris, John Southgate Vaughan, Phillip B. Parker and John D. Snipes, Jr., Intervenor-Defendants.

Court of Appeals of North Carolina.

November 15, 1988.

Attorney(s) appearing for the Case

Frank M. Wooten, Jr. and Browning, Sams, Poole & Hill by Robert R. Browning, Greenville, for plaintiff-appellant.

Baker, Jenkins & Jones by Ronald G. Baker, Ahoskie, and Charles J. Vaughan, Woodland, for defendant and intervenor defendants-appellees.

Geo. Thomas Davis, Jr., Swan Quarter, for Hyde County Drainage Dist. No. 7, amicus curiae.

Mayo & Mayo by William P. Mayo, Washington, for Beaufort County Drainage Dist. No. One (Pantego Creek Drainage Dist.), Beaufort County Drainage Dist. No. Two (Broad Creek Drainage Dist.), Beaufort County Drainage Dist. No. Five (Albemarle Drainage Dist.) and Beaufort County Pungo Drainage Dist. No. One (Pungo River Drainage Dist.), amicus curiae.

Atty. Gen. Thornburg by Sp. Deputy Atty. Gen. Daniel C. Oakley and Asst. Atty. Gen. Philip A. Telfer, Raleigh, for the State of N.C., amicus curiae.

EUGENE H. PHILLIPS, Judge.

All the foregoing rulings by the court are challenged by plaintiff's appeal and we will discuss them in the order stated.

I.

We see no constitutional infirmity in G.S. 156-81(a) and (i) permitting the Clerk of Superior Court of Northampton County to either appoint the commissioners of this two-county drainage district or provide for their election by the landowners as he sees fit, and the court's ruling to the contrary...

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