Martin v. North Carolina Housing Corporation

175 S.E.2d 665, 277 N.C. 29, 1970 N.C. LEXIS 507
CourtSupreme Court of North Carolina
DecidedJuly 31, 1970
Docket10
StatusPublished
Cited by79 cases

This text of 175 S.E.2d 665 (Martin v. North Carolina Housing Corporation) 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
Martin v. North Carolina Housing Corporation, 175 S.E.2d 665, 277 N.C. 29, 1970 N.C. LEXIS 507 (N.C. 1970).

Opinions

Bobbitt, C. J.

“(U)nder our Constitution, the General Assembly, so far as that instrument is concerned, is possessed of full legislative powers unless restrained by express constitutional provision or necessary implication therefrom.” Hoke, J. (later C. J.), in Thomas v. Sanderlin, 173 N.C. 329, 332, 91 S.E. 1028, 1029. Absent such constitutional restraint, questions as to public policy are for legislative determination. Reid v. R. R., 162 N.C. 355, 358, 78 S.E. 306, 307. When the constitutionality of a statute is challenged, “every presumption is to be indulged in favor of its validity.” Stacy, C. J., in State v. Lueders, 214 N.C. 558, 561, 200 S.E. 22, 24. And, ordinarily, this Court will not undertake to determine whether a statute is unconstitutional except with reference to a'•ground on which it is attacked and definitely drawn into focus by the attacker’s pleadings. Hudson v. R. R., 242 N.C. 650, 667, 89 S.E. 2d 441, 453; Surplus Store, Inc. v. Hunter, 257 N.C. 206, 211, 125 S.E. 2d 764, 768.

Whether the public policy and program established by the 1969 Act is wise or unwise is for determination by the General Assembly. Education Assistance Authority v. Bank, 276 N.C. 576, 592, 174 S.E. 2d 551, 563. Our function is to determine whether any portion thereof which plaintiff, as a general tax[42]*42payer, may challenge, is unconstitutional on any ground asserted by him. Nicholson v. Education Assistance Authority, 275 N.C. 439, 168 S.E. 2d 401.

Section 18 of the 1969 Act authorized the Corporation “to accept such moneys as may be appropriated from time to time by the General Assembly for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of a reserve or contingency fund to be available for the payment of the principal of and the interest on any bonds or notes of the Corporation.” The General Assembly appropriated “out of the General Fund of the State” to the Corporation “the sum of five hundred thousand dollars ($500,000.00) for the biennium commencing July 1, 1969.” Chapter 1162, Session Laws of 1969. Portions of this appropriation have been used and are being used for the payment of the initial expenses of administration and operation of the Corporation.

QUESTIONS I and VI

Questions I and VI present essentially the same question, namely, whether the 1969 Act and the Corporation’s activities pursuant thereto are for a PUBLIC PURPOSE.

Article V, § 3, of the Constitution of North Carolina provides: “This power of taxation shall be exercised in a just and equitable manner, for public purposes only, and shall never be surrendered, suspended, or contracted away.” (Our italics.) “The power to appropriate money from the public treasury is no greater than the power to levy the tax which put the money in the treasury.” Mitchell v. Financing Authority, 273 N.C. 137, 143, 159 S.E. 2d 745, 749-750.

Plaintiff asserts the 1969 Act is unconstitutional as violative of Article V, § 3, of the Constitution of North Carolina, and of Article I, § 17, of the Constitution of North Carolina, and of Section 1 of the Fourteenth Amendment to the Constitution of the United States, and is void because the purpose for which the Corporation was created is not a public purpose. If so, plaintiff, as taxpayer, may maintain this action to restrain defendants from paying to the Corporation and the Corporation from using the $500,000.00 appropriated out of the General Fund for the biennium commencing July 1, 1969. Mitchell v. Financing Au[43]*43thority, supra; McIntyre v. Clarkson, 254 N.C. 510, 513, 119 S.E. 2d 888, 890; Dennis v. Raleigh, 253 N.C. 400, 116 S.E. 2d 923.

Was the Corporation established for a public purpose? If so, “the means of executing the project are for the General Assembly, and the General Assembly alone, to determine.” Redevolpment Commission v. Bank, 252 N.C. 595, 606, 114 S.E. 2d 688, 696.

“A slide-rule definition to determine public purpose for all time cannot be formulated; the concept expands with the population, economy, scientific knowledge, and changing conditions. As people are brought closer together in congested areas, the public welfare requires governmental operation of facilities which were once considered exclusively private enterprises, Fawcett v. Mt. Airy, 134 N.C. 125, 45 S.E. 1092, and necessitates the expenditure of tax funds for purposes which, in an earlier day, were not classified as public. Keeter v. Lake Lure, 264 N.C. 252, 141 S.E. 2d 634. Often public and private interests are so co-mingled that it is difficult to determine which predominates. It is clear, however, that for a use to be public its benefits must be in common and not for particular persons, interests, or estates; the ultimate net gain or advantage must be the public’s as contradistinguished from that of an individual or private entity. Briggs v. Raleigh, 195 N.C. 223, 141 S.E. 597.” Sharp, J., in Mitchell v. Financing Authority, supra, at 144, 159 S.E. 2d at 750.

A legislative declaration which asserts in general terms that the statute under consideration is enacted for a public purpose, although entitled to great weight, is not conclusive. When the facts are determined, what is a public purpose is a question of law for the court. Redevelopment Commission v. Bank, supra, at 603, 114 S.E. 2d 694.

In its enactment of the 1969 Act, the General Assembly went far beyond a mere declaration as to public purpose. It made and set forth in Section 2 thereof its factual findings as to the conditions upon which it based its declaration as to public purpose, viz.:

1. “(A)s a result of the spread of slum conditions and blight to formerly sound urban and rural neighborhoods and as a result of actions involving highways, public facilities and urban [44]*44renewal activities there exists in the State of North Carolina a serious shortage of decent, safe and sanitary residential housing available at low prices or rentals to persons and families of lower income. This shortage is severe in certain urban areas of the State, is especially critical in the rural areas, and is inimical to the health, safety, welfare and prosperity of all residents of the State and to the sound growth of North Carolina communities.”

2. “ (P) rivate enterprise and investment have not been able to produce, without assistance, the needed construction of decent, safe and sanitary residential housing at low prices or rentals which persons and families of lower income can afford, or to achieve the urgently needed rehabilitation of much of the present lower income housing. It is imperative that the supply of residential housing for persons and families of lower income affected by the spread of slum conditions and blight and for persons and families of lower income displaced by public actions or natural disaster be increased; and that private enterprise and investment be encouraged to sponsor, build and rehabilitate residential housing for such persons and families, to help prevent the recurrence of slum conditions and blight and assist in their permanent elimination throughout North Carolina.”

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Bluebook (online)
175 S.E.2d 665, 277 N.C. 29, 1970 N.C. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-north-carolina-housing-corporation-nc-1970.