Greensboro-High Point Airport Authority v. Johnson

226 N.C. 1
CourtSupreme Court of North Carolina
DecidedJanuary 31, 1946
StatusPublished
Cited by28 cases

This text of 226 N.C. 1 (Greensboro-High Point Airport Authority v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greensboro-High Point Airport Authority v. Johnson, 226 N.C. 1 (N.C. 1946).

Opinions

Seawell, J.

Preliminary to a discussion of the questions involved in the appeal, there are certain postulates which must be conceded:

(a) The establishment and maintenance of an airport is a public purpose within the objects of municipal expenditure. Goswick v. Durham, 211 N. C., 687, 191 S. E., 728; Turner v. Reidsville, 224 N. C., 42, 29 S. E. (2d), 211; City of Reidsville v. Slade, 224 N. C., 48, 29 S. E. (2d), 215.

(b) It is not a necessary expense, however, and debt may not be incurred or taxes levied for that purpose without a vote of the people. Sing v. Charlotte, 213 N. C., 60, 197 S. E., 151.

(c) Other conditions favorable, the municipality may appropriate for building and maintaining the facility out of funds on hand not obligated to other uses. Goswick v. Durham, supra; Adams v. Durham, 189 N. C., 232, 126 S. E., 611; Nash v. Monroe, 198 N. C., 306, 151 S. E., 634; Mewborn v. Kinston, 199 N. C., 72, 154 S. E., 76; Burleson v. Board of Aldermen, 200 N. C., 30, 156 S. E., 241.

(d) The municipal authority to construct, maintain and operate such airport may be confided to a municipal corporate authority created for that purpose by appropriate legislative action. Turner v. Reidsville, supra; City of Reidsville v. Commissioners, supra; Brockenbrough v. Commissioners, 134 N. C., 1, 17, 46 S. E., 28; Webb v. Port Commission, 205 N. C., 663, 172 S. E., 377; Wells v. Housing Authority, 213 N. C., 744, 197 S. E., 693; Cox v. City of Kinston, 217 N. C., 391, 8 S. E. (2d), 252; Mallard v. Housing Authority, 221 N. C., 334, 20 S. E. (2d), 281; Benjamin v. Housing Authority, 198 S. C., 79, 15 S. E. (2d), 737.

[8]*8(e) Tbe county and cities concerned may lawfully join in sucb an enterprise if eacb of them is benefited by it. G. S., 63-4.

It is witbin the stipulated facts tbat the several appropriations made to the plaintiff are out of funds now in their bands, in eacb case, not derived from ad valorem, taxes, but mainly from the sale of property, and it is not disputed tbat the funds are free from other specified purpose or legal commitment. There is nothing in the record itself to indicate otherwise, and we are bound by the stipulation on which the court below acted. In this situation no question of credit or taxation in violation of Article VII, section 7, is involved, and the prohibition constituting the ratio decidendi in Sing v. Charlotte, supra, does not apply.

Tbe main objections which have been urged are tbat tbe several acts of tbe Legislature mentioned in tbe statement have created in tbe plaintiff a municipal corporation, to all intents and purposes independent and distinct from tbe county or municipalities it is intended to serve, and have so insulated it as to deprive tbe municipalities of tbe legal right to contribute to it under the guise of appropriating money for a public purpose; tbat tbe statute fails to give to tbe municipalities an adequate control of tbe Airport Authority; and tbat there is no express language in tbe Act creating tbe Authority an agent of tbe cities of Greensboro and High Point.

These objections are similar in aspect, and tbe answer to eacb of them lies in tbe broad scope of legislative discretion in statutes dealing with towns and cities, and in tbe actual recognition given tbe plaintiff Airport Authority as an agency of these municipalities and tbe authority given to Guilford County, Greensboro and High Point to deal with it in tbe several pertinent statutes made a part of tbe agreed facts. Chapter 98, Public-Local Laws of 1941, as amended by chapter 601, Session Laws of 1943, secs. 1 and 2; chapter 206, Session Laws of 1945.

Our Constitution does not operate as a grant, but as a limitation on tbe legislative power; and all powers not withdrawn through its restrictions are reserved to tbe people to be exercised by tbeir representatives in tbe Legislature. Yarborough v. N. C. Park Commission, 196 N. C., 284, 145 S. E., 563. Since tbe prohibition of Article VII, sec. 7, of the Constitution is concededly not applicable to tbe present case, and in tbe absence of other constitutional restrictions, tbe subjects dealt with in tbe statutes under review fall witbin these reserved powers. We have no power to review a statute with respect to its political propriety as long as it is witbin tbe legislative discretion and has a reasonable relation to tbe end sought to be accomplished.

“Public Purpose” as we conceive tbe term to imply, when used in connection with tbe expenditure of municipal funds from tbe public [9]*9treasury, refers to such public purpose witbin tbe frame of governmental and proprietary power given to tbe particular municipality, to be exercised for tbe benefit, welfare and protection of its inhabitants and others coming witbin tbe municipal care. It involves reasonable connection with tbe convenience and necessity of tbe particular municipality whose aid is extended in its promotion.

If tbe appropriations made by tbe county and municipalities were indeed made, as a mere gift, to another political subdivision — another town or city of an independent governmental capacity, incapable of performing tbe public service which has become tbe felt need of tbe 6on-tributing municipality, tbe authority for such a donation might be questioned. But that situation is not before us. Tbe plaintiff Airport Authority is neither a private corporation nor a political territorial subdivision. It is a gmsi-munieipal corporation of a type known since McCulloch v. Maryland, 4 Wheat., 316, and commonly used in this and other states to perform ancillary functions in government more easily and perfectly by devoting to them, because of their character, special personnel, skill and care. Tbe legality of tbe appropriations to its support as involving a public purpose does not depend on tbe strict propriety of tbe terms of tbe creating act as a piece of ideal legislation, as much as it does upon tbe nearness or remoteness of tbe benefits enjoyed by tbe municipality through its operation with respect to tbe public service sought to be promoted. If tbe adjuvant corporation is invested with tbe power and is given tbe capacity to meet tbe demand, tbe legal requirements justifying aid from tbe public funds have been met. The fact that other and even greater powers have been given to tbe corporation than those absolutely necessary to tbe performance of tbe particular function is, as we have said, a matter witbin tbe legislative discretion. Furthermore, tbe reciprocal and functional relation between tbe Greensboro-High Point Airport Authority and tbe cities whose name it bears is outstanding. Proximity to these large communities, which are in key positions with respect to trade and transportation over a wide area, is as essential to tbe existence of tbe airport as tbe latter is to tbe progress and expansion of tbe cities themselves and tbe convenience of their inhabitants and those who communicate or deal with them.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cooper v. Berger
822 S.E.2d 286 (Supreme Court of North Carolina, 2018)
WidenI77 v. NC Dep't of Transp.
Court of Appeals of North Carolina, 2017
Wideni77 v. N.C. Dep't of Transp., & I-77 Mobility Partners LLC
800 S.E.2d 441 (Court of Appeals of North Carolina, 2017)
Town of Boone v. State
794 S.E.2d 710 (Supreme Court of North Carolina, 2016)
City of Asheville v. State
794 S.E.2d 759 (Supreme Court of North Carolina, 2016)
Beroth Oil Co. v. N.C. Dep't of Transp.
Supreme Court of North Carolina, 2014
Beroth Oil Co. v. North Carolina Department of Transportation
757 S.E.2d 466 (Supreme Court of North Carolina, 2014)
Piedmont Triad Airport Authority v. Urbine
554 S.E.2d 331 (Supreme Court of North Carolina, 2001)
Maready v. City of Winston-Salem
467 S.E.2d 615 (Supreme Court of North Carolina, 1996)
Willis Construction Co. v. Sumter Airport Commission
419 S.E.2d 240 (Court of Appeals of South Carolina, 1992)
City of Pocatello v. Peterson
473 P.2d 644 (Idaho Supreme Court, 1970)
Lock v. City of Imperial
155 N.W.2d 924 (Nebraska Supreme Court, 1968)
Harrelson v. City of Fayetteville
155 S.E.2d 749 (Supreme Court of North Carolina, 1967)
Vance County v. Royster
155 S.E.2d 790 (Supreme Court of North Carolina, 1967)
Michael v. Guilford County
153 S.E.2d 106 (Supreme Court of North Carolina, 1967)
Keeter v. Town of Lake Lure
141 S.E.2d 634 (Supreme Court of North Carolina, 1965)
Horton v. Redevelopment Commission of High Point
131 S.E.2d 464 (Supreme Court of North Carolina, 1963)
L. C. Eddy, Inc. v. City of Arkadelphia, Arkansas
303 F.2d 473 (Eighth Circuit, 1962)
City of Reidsville v. Citizens Development Corp.
120 S.E.2d 730 (Supreme Court of North Carolina, 1961)
Morgan v. Town of Spindale
118 S.E.2d 913 (Supreme Court of North Carolina, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
226 N.C. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greensboro-high-point-airport-authority-v-johnson-nc-1946.