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BETHUNE v. COUNTY OF HARNETT

No. 174PA98.

507 S.E.2d 40 (1998)

349 N.C. 343

William and Hilda BETHUNE, Evelyn Byrd, Lois Byrd, Sirena Byrd, Edna Baggett Crook, Jim Davidson, Dan Denning, Beverly and Glenn Gregory, Bob Gould, Margaret Gourlay, Dr. Sarah Hagler, Frankie and Trudy Hamilton, Helen Hoffman, Glenn Johnson, William A. Johnson, Ed Menninger, Senator Robert Morgan, Lida O'Quinn, Charlotte Renn, W.K. (Billy) Sexton, Lamar Simmons, W.T. Simmons, Jeffrey Surles, Stamey Taylor, Donald Ray and Donna Turlington, Martha Layton Winston, Bobby Womble, Dr. J.W. Baggett, Russell W. Bradley v. COUNTY OF HARNETT, and Dan Andrews, Joe Bowden, Teddy Byrd, Beatrice Hill, and Walt Titchener, Individually and as Harnett County Commissioners.

Supreme Court of North Carolina.

December 4, 1998.

Attorney(s) appearing for the Case

Robert B. Morgan, pro se, Glenn Johnson, pro se, William A. Johnson, pro se, and James P. Davidson, pro se, Lillington, for plaintiff-appellees.

Law Offices of Dwight W. Snow by Dwight W. Snow, Dunn; and Tharrington Smith, L.L.P. by Wade M. Smith, Raleigh, for defendant-appellants.

FRYE, Justice.

The sole issue in this case is whether defendants, Harnett County commissioners, have the power to relocate the Harnett County courthouse outside of the original boundaries of the Town of Lillington as they were established by legislative enactment in the 1858-1859 session of the North Carolina General Assembly. For the reasons stated in this opinion, we hold that they do.

In 1855, the General Assembly enacted special legislation establishing...

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