Peacock v. County of Scotland
Peacock v. County of Scotland
Opinion of the Court
Plaintiff, a citizen, resident, property owner and taxpayer `of Scotland `County, on be~hatf of himself `and athens similarly situated, instituted this action to enj oia'i the `holding `of a county-wide election called `by the County Commission ens of Scotland County pur.-suant to procedure provided by Chapter 707, Session Lows 1963. The election, in accordance with said Act of the General Assembly, sub-. mits to the electorate of Scotland County proposals `for the merger of the school administrative units at the City `of Laurin~burg and Scotland County, oonstru!ction of `a new consolidated high school, issuance of hands for such `construction `and `other purposes, requirement that there be appropriated annually `from local sources funds to provide for a mithmum per student expenditure for `current school expenses, and au-t:l1'otrizati'oal. of a levy hy the County Commissioners of a supplemental school tax not to. exceed 50 cents on. $100 valuation. The complaint aft-leges that the Act in question contravenes certain provisions of the North Carolina Constitution.
A jury tri~1 wa's waived a~xI the cause wais heard upon the admi~s-sions in the p1eadin~s and faicta ~tipu1ated. The court declared itdae Act constituitionaa, refused to eaijohi the election and dismissed the ruck.i~oai.
We do nol~ reach t~he oo~stitu.tionaJ questi'onis and make no adjudication with ~eepeat thereto'. Plaintiff seeks only iinjunctive relief. His al-legatio'rss `are insufficient to invoke the equity jurisdiction ef the court. It is not alleged that plaintiff or persons similarly situated will be ir-
The judgment below, in denying injunctive relief and dismissing the action, is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.