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

No. 5PA94.

450 S.E.2d 735 (1994)

338 N.C. 430

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 corporate under the laws of the State of North Carolina; and Michael Easley, Attorney General of the State of North Carolina.

Supreme Court of North Carolina.

December 9, 1994.

Attorney(s) appearing for the Case

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

Henderson, Baxter & Alford, P.A. by David S. Henderson and Benjamin G. Alford, New Bern, for defendant-appellant the New Bern-Craven County Bd. of Educ.; Sumrell, Sugg, Carmichael & Ashton, P.A. by Fred M. Carmichael and Rudolph A. Ashton, III, New Bern, for defendant-appellant Craven Regional Medical Authority; Sumrell, Sugg, Carmichael & Ashton, P.A., by James R. Sugg, New Bern, for defendant-appellant the County of Craven; Ward & Smith, P.A. by Kenneth R. Wooten and Anne D. Edwards, New Bern, for defendant-appellant the Trustees of Craven Community College.

WHICHARD, Justice.

On 8 November 1988 plaintiff-appellee, the City of New Bern [hereinafter "the City"], filed a declaratory judgment action in Superior Court, Craven County, seeking to have three statutes governing the inspection of buildings in New Bern declared unconstitutional. On 16 January 1989 the trial court (Reid, J.) entered an order dismissing the action with prejudice, ruling that no justiciable controversy...

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