Brown v. Doby

Supreme Court of North Carolina November 7, 1956

Brown v. Doby, 244 N.C. 746 (N.C. 1956)

94 S.E.2d 895; 1956 N.C. LEXIS 511

Consideration, Johnson, Rodman, Took

Opinion of the Court

Per Curiam.

Upon failure to acquire by gift or purchase, discretionary power existed in the petitioners to select and take land (not exceeding 30 acres) for school purposes. No right to stay the taking existed in the respondents. Board of Education v. Allen, 243 N.C. 520, 91 S.E. 2d 180. The respondents’ rights are limited to the recovery of damages. The petitioners’ liability is to pay them. The parties failed to agree as to the amount. The jury, in accordance with applicable rules of law, decided the issue. No reason appears why the result should be disturbed.

No error.

Johnson, J., not sitting. Rodman, J., took no part in the consideration or decision of this case.

Reference

Full Case Name: R. L. BROWN, JR., JOHN B. MORRIS, JR., J. HEATH MORROW, TED P. FURR, CHARLES W. PICKLER and H. WELLS ROGERS, Trustees of the ALBEMARLE CITY ADMINISTRATIVE UNIT, and CLAUD GRIGG, Superintendent of Public Instruction of the ALBEMARLE CITY ADMINISTRATIVE UNIT v. ELIZA JANE DOBY and J. LILLIAN DOBY
Status: Published