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CITY OF NEW BERN v. NEW BERN-CRAVEN BD. OF EDUC.

No. 923SC730.

437 S.E.2d 655 (1993)

113 N.C. App. 98

CITY OF NEW BERN, a North Carolina municipal corporation, Plaintiff, 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 corporate under the laws of the State of North Carolina; and Lacy H. Thornburg, Attorney General of the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

December 21, 1993.

Attorney(s) appearing for the Case

Ward, Ward, Willey & Ward by A.D. Ward, New Bern, for plaintiff cross-appellant-appellee.

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

Ward and Smith, P.A. by Kenneth R. Wooten and Anne D. Edwards, New Bern, for defendant appellant-appellee, Craven Community College.

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

Sumrell, Sugg, Carmichael & Ashton, P.A. by James R. Sugg and Jimmie B. Hicks, Jr., New Bern, for defendant appellant-appellee, Craven County.

COZORT, Judge.

The question presented by this appeal is whether the trial court erred in declaring unconstitutional three statutes which transfer exclusive jurisdiction of the enforcement of various building codes from the City of New Bern, North Carolina, to Craven County. We find the statutes to be unconstitutional pursuant to N.C. Const. art. II, § 24. We thus affirm. The facts and procedural history follow.

On 26 June 1986, the North Carolina General...

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