McKinney v. Board of Commissioners

Supreme Court of North Carolina
McKinney v. Board of Commissioners, 278 N.C. 295 (N.C. 1971)
179 S.E.2d 313; 1971 N.C. LEXIS 971

McKinney v. Board of Commissioners

Opinion of the Court

Per Curiam.

The record shows no amendment of the plaintiff’s “Motion for Judgment” considered as a complaint. In it he sought an injunction to restrain the defendants from preparing for and holding the election which the Board of County Commissioners called to be held on 2 May 1970. He complains therein of no other action or proposed action. The election having been held, this appeal is moot and is hereby dismissed without prejudice to the right of the plaintiff, if so advised, to institute a new action for such relief as he may be entitled to have against any action taken or proposed to be taken by the defendants or others pursuant to the said election.

Appeal dismissed.

Reference

Full Case Name
JAMES G. McKINNEY, for and on behalf of himself and other residents and taxpayers of THE WILLIAMSBURG SCHOOL DISTRICT OF ROCKINGHAM COUNTY v. THE BOARD OF COMMISSIONERS FOR ROCKINGHAM COUNTY, WESLEY D. WEBSTER, RUSSELL S. NEWMAN, VIRGINIA TILLER, C. W. ROBERTS, and J. LEONARD POWELL and THE ROCKINGHAM COUNTY BOARD OF ELECTIONS, ALBERT J. POST
Cited By
1 case
Status
Published