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CITY OF NEW BERN v. NEW BERN-CRAVEN COUNTY BOARD OF EDUC.

No. 157PA89.

402 S.E.2d 623 (1991)

328 N.C. 557

CITY OF NEW BERN, a North Carolina municipal corporation v. The NEW BERN-CRAVEN COUNTY BOARD OF EDUCATION, a body corporate under the laws of the State of North Carolina; The Trustees of Craven Community College, a body corporate under the laws of the State of North Carolina; Craven Regional Medical Authority, a public body and a body corporate and politic which has its principal office and place of business in the City of New Bern, Craven County, North Carolina; The County of Craven, a body politic and corporate under the laws of the State of North Carolina; and Lacy H. Thornburg, Attorney General of the State of North Carolina.

Supreme Court of North Carolina.

April 3, 1991.

Attorney(s) appearing for the Case

Ward, Ward, Willey & Ward by A.D. Ward and Elizabeth Williams, New Bern, for plaintiff-appellant.

Sumrell, Sugg, Carmichael & Ashton, P.A. by James R. Sugg, New Bern, for defendant-appellee County of Craven.

Henderson, Baxter & Alford, P.A. by David S. Henderson, New Bern, for defendant-appellee New Bern-Craven County Bd. of Educ.

Ward and Smith, P.A. by Susan K. Ellis and Kenneth R. Wooten, New Bern, for defendant-appellee Craven Community College.

Sumrell, Sugg, Carmichael & Ashton, P.A. by Fred M. Carmichael and Rudolph A. Ashton, III, New Bern, for defendant-appellee Craven Regional Medical Authority.

WEBB, Justice.

The question brought to the Court by this appeal is whether the superior court had jurisdiction under the Declaratory Judgment Act, N.C.G.S. § 1-253 et seq., to determine the validity of laws adopted by the General Assembly to provide that Craven County shall administer building and safety codes inside the city limits of New Bern. N.C.G.S. § 1-254 provides in part:

Any person interested under a deed, will, written contract or whose...

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