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CITY OF CONCORD v. ALL OWNERS OF TAXABLE PROPERTY

No. 307PA91.

410 S.E.2d 482 (1991)

330 N.C. 429

CITY OF CONCORD v. ALL OWNERS OF TAXABLE PROPERTY WITHIN THE CITY OF CONCORD and all citizens residing in the city of Concord.

Supreme Court of North Carolina.

December 6, 1991.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein by Charles C. Meeker and Blair Levin, Raleigh, for plaintiff-appellee.

Critz, Black & Rogers, P.A. by William F. Rogers, Jr. and Robert M. Critz, Concord, for defendants-appellants.

Douglas A. Johnston, Asst. Atty. Gen., Raleigh, for Atty. Gen. of the State of N.C., amicus curiae.

James B. Blackburn, III, Gen. Counsel, Raleigh, for North Carolina Ass'n of County Com'rs.

S. Ellis Hankins, Gen. Counsel, Raleigh, for North Carolina League of Municipalities, amicus curiae.

WEBB, Justice.

N.C.G.S. § 159-72 and N.C.G.S. § 159-78 allow municipalities to issue general obligation refunding bonds in an amount greater than the bonds to be refunded without a vote of the people. The only question involved in this appeal is whether these sections violate N.C.Const. art. V, § 4, which provides in pertinent part:

(2) Authorized purposes; two-thirds limitation. The General Assembly shall have no power to authorize...

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