In re the Board of Commissioners

Court of Appeals of North Carolina

In re the Board of Commissioners

335 S.E.2d 527, 77 N.C. App. 596, 1985 N.C. App. LEXIS 4161

CourtCourt of Appeals of North Carolina

DecidedOctober 29, 1985

DocketNo. 851DC337

StatusPublished

This text of 335 S.E.2d 527 (In re the Board of Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Board of Commissioners, 335 S.E.2d 527, 77 N.C. App. 596, 1985 N.C. App. LEXIS 4161 (N.C. Ct. App. 1985).

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Opinion

PARKER, Judge.

Appellants contend, and the State concedes, that Judge Chaf-fin’s order was entered without following necessary procedural requirements for jurisdiction and due process. Specifically, the in-junctive order was not issued incident to any pending action. No complaint was filed and no summons was issued. Therefore, the court did not have jurisdiction to issue an injunction. Swindell v. Overton, 62 N.C. App. 160, 302 S.E. 2d 841 (1983), rev’d on other [598]*598grounds, 310 N.C. 707, 314 S.E. 2d 512 (1984). Further, the order was issued ex mero motu with no notice or opportunity to be heard given to Appellants. The order is void and is, therefore, vacated.

Chief Judge HEDRICK and Judge BECTON concur.

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PARKER, Judge.

Appellants contend, and the State concedes, that Judge Chaf-fin’s order was entered without following necessary procedural requirements for jurisdiction and due process. Specifically, the in-junctive order was not issued incident to any pending action. No complaint was filed and no summons was issued. Therefore, the court did not have jurisdiction to issue an injunction. Swindell v. Overton, 62 N.C. App. 160, 302 S.E. 2d 841 (1983), rev’d on other [598]*598grounds, 310 N.C. 707, 314 S.E. 2d 512 (1984). Further, the order was issued ex mero motu with no notice or opportunity to be heard given to Appellants. The order is void and is, therefore, vacated.

Chief Judge HEDRICK and Judge BECTON concur.

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Bluebook (online)

335 S.E.2d 527, 77 N.C. App. 596, 1985 N.C. App. LEXIS 4161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-board-of-commissioners-ncctapp-1985.

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