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NORTHAMPTON CTY. DRAINAGE D. v. BAILEY

No. 576A88.

392 S.E.2d 352 (1990)

326 N.C. 742

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

Supreme Court of North Carolina.

June 13, 1990.

Attorney(s) appearing for the Case

Frank M. Wooten, Jr. and Browning, Sams, Poole, Hill & Hilburn by Robert R. Browning and P. Gwynett Hilburn, Greenville, for plaintiff appellee.

Baker, Jenkins & Jones, P.A. by Ronald G. Baker, Ahoskie, for defendants.

Charles J. Vaughan, Woodland, for intervenor-defendants appellants.

Geo. Thomas Davis, Jr., Swan Quarter, for Hyde County Drainage Dist. # 7.

William P. Mayo, Washington, for Beaufort County Drainage Dist. Number One (Pantego Creek Drainage District), Beaufort County Drainage Dist. Number Two (Broad Creek Drainage Dist.), Beaufort County Drainage Dist. Number Five (Albemarle Drainage Dist.), and Beaufort County Pungo Drainage Dist. Number One (Pungo River Drainage Dist.), amicus curiae.

Robert B. Broughton, Gen. Counsel, and Fred Alphin, Associate Gen. Counsel, Raleigh, for North Carolina Farm Bureau Federation, Inc., amicus curiae.

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

WEBB, Justice.

This appeal involves several questions regarding drainage district assessments. Chapter 156 of the General Statutes of North Carolina which was enacted in 1909 authorizes the creation of drainage districts. The constitutionality of this statute was established in Sanderlin v. Luken, 152 N.C. 738, 68 S.E. 225 (1910). We held in that case that the procedure which allowed the clerks of superior court to order the establishment of drainage districts...

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