Hasty v. Town of Southern Pines

162 S.E. 480, 202 N.C. 169, 1932 N.C. LEXIS 453

• Court: Supreme Court of North Carolina
• Decided: January 27, 1932
• Status: Published

Opinion

CoNNOB, J.

The town of West Southern Pines in Moore County, North Carolina, was incorporated by an act of the General Assembly of this State, chapter 210, Private Laws 1923. It was duly organized and in existence- as a municipal corporation on 3 March, 1931. At its regular session in 1931, the General Assembly enacted chapter 39, Private Laws 1931. This act is entitled, “An act to repeal and abrogate the charter of the town of West Southern Pines in Moore County, and to annex the territory within the territorial limits thereof to the town of Southern Pines.” By its terms this act became in full force and effect on 3 March, 1931.

Plaintiffs, who are citizens of this State and residents of the territory included within the corporate limits of the town of West Southern Pines, challenge the validity of chapter 39, Private Laws 1931, on the ground that the General Assembly was without power, because of constitutional limitations, to enact the same. This challenge cannot be sustained. The judgment is affirmed in accordance with our decision in Highlands v. Hickory, ante, 167.

Affirmed.