Ramsey v. Rollins

100 S.E.2d 55, 246 N.C. 647, 1957 N.C. LEXIS 521
CourtSupreme Court of North Carolina
DecidedOctober 9, 1957
StatusPublished
Cited by9 cases

This text of 100 S.E.2d 55 (Ramsey v. Rollins) 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
Ramsey v. Rollins, 100 S.E.2d 55, 246 N.C. 647, 1957 N.C. LEXIS 521 (N.C. 1957).

Opinion

Denny, J.

The bond election sought to be restrained was held on Saturday, 28 September 1957, and. the election returns have been canvassed and the official results thereof announced. The results of the election have been duly certified and filed with this Court, which show that the voters of Cleveland County voted overwhelmingly in favor of issuing the proposed bonds. Since no question has been raised with respect to the procedure in authorizing the issuance of the bonds, or in the calling of the bond election, the question as to whether the defendants should have been restrained from holding the election has now become academic or moot. Archer v. Cline, ante, 545, 98 S.E. 2d 889. Consequently, the validity of these bond issues depends upon' whether [651]*651or not the plaintiff is successful in his attack upon the constitutionality of Chapter .266 of the Session Laws of 1957.

The plaintiff has but one assignment of error and that is based on his exception to the signing of the judgment. . Therefore, the facts found by the court below are presumed to .be supported by competent evidence and are binding on appeal. Goldsboro v. R. R., ante, 101, 97 S.E. 2d 486.

We think the attack on the constitutionality of the above Act may be resolved by determining whether or not the General Assembly may grant to a county the authority to issue bonds for the construction of water and sewer systems, when the voters of the county have approved the issuance thereof.

. Counties are agencies of the State, and in the exercise of.ordinary governmental functions, unless. directed or restrained by a constitutional provision or provisions, are, for all practical purposes, subject to the unlimited control of the Legislature. Day v. Commissioners, 191 N.C. 780, 133 S.E. 164; S. v. Jennette, 190 N.C. 96, 129 S.E. 184; Commissioners v. Commissioners, 157 N.C. 514, 73 S.E. 195; Dare County v. Currituck County, 95 N.C. 189.

In the last cited case, this Court, in considering the creation, powers and functions of counties, said: “They are instrumentalities of the State government, and subject to its legislative control; they possess such corporate powers and delegated authority as the Legislature may deem fit to confer upon them, and such power and authority must be exercised in the way, and only for the purpose prescribed by legislative, enactment; and moreover, they are always subject to legislative control, and their powers may be abolished, enlarged, abridged, or modified.” Bd. of Education v. Commissioners, 113 N.C. 379, 18 S.E. 661; Jones v. Commissioners, 143 N.C. 59, 55 S.E. 427; Trustees v. Webb, 155 N.C. 379, 71 S.E. 520; Woodall v. Highway Commission, 176 N.C. 377, 97 S.E. 226; Sparkman v. Commissioners, 187 N.C. 241, 121 S.E. 531; O’Neal v. Wake County, 196 N.C. 184, 145 S.E. 28.

A county may levy taxes for public purposes only. Article V, Section 3, of the Constitution of North Carolina; Nash v. Tarboro, 227 N.C. 283, 42 S.E. 2d 209. Also, in Article VII, Section 7, of our Constitution, it is provided: “No county, city, town, or other municipal corporation shall contract any debt, pledge its faith or loan its credit, nor shall any tax be levied or collected by any officers of the same except for the necessary expenses thereof, unless approved by a majority of those who shall vote thereon in any election held for such purpose.” Article VII, Section 13, further provides: “The General Assembly shall have full power by statute to modify, change, or abrogate any and all of the provisions of this article, and substitute others in their place, except sections seven, nine and thirteen.”

[652]*652The appellant seriously contends that the construction of the proposed water and sewer systems is not a proper county purpose and is not for a public purpose. We do not concur in this view. “In the absence of authority conferred by law, counties have no power to construct, operate, or maintain public improvements. The Legislature may, however, and at times does, confer on counties power to construct and operate public improvements, such as electric power plants, hospitals, sewer systems, and incinerators.” 20 C.J.S., Counties, section 50, page 804.

The Act under consideration clearly gives a county the power to “acquire, construct, reconstruct, extend, improve, operate, maintain, lease and dispose of water systems and sanitary sewer systems, to contract for the operation, maintenance and lease of such systems, and to contract for a supply of water and the disposal of sewage.” We know of no constitutional inhibition limiting the exercise of these powers.

It is true that counties in this State have not heretofore constructed and maintained water and sewer systems for the simple reason our Legislature has not seen fit to grant them such powers until it enacted the statute under consideration. We have many congested areas in this State outside the corporate limits of our cities and towns, which have no access to water and sewer systems. The hazards to health in such areas may be as acute as they would be in municipalities if the municipalities did not make adequate provisions for water and sewer systems. Doubtless, the Legislature took into consideration the changing conditions in our rural communities in giving the counties these additional powers, as well as the fact that many industrial plants and residential developments are being located in areas beyond the perimeter of the service of any municipality or water or sewer district.

Since the decision in Fawcett v. Mt. Airy, 134 N.C. 125, 45 S.E. 1029, 63 L.R.A. 870, 101 Am. St. Rep. 825, decided in 1903, this Court has uniformly held that expenses incurred for the construction of water and light plants, as well as sewer systems, are for a public purpose and that the cost of such construction is a necessary expense. McKinney v. High Point, 237 N.C. 66, 74 S.E. 2d 440; Rhodes v. Asheville, 230 N.C. 134, 52 S.E. 2d 371; Green v. Kitchin, 229 N.C. 450, 50 S.E. 2d 545; Williamson v. High Point, 213 N.C. 96, 195 S.E. 90; Power Co. v. Elizabeth City, 188 N.C. 278, 124 S.E. 611; Reed v. Engineering Co., 188 N.C. 39, 123 S.E. 479; Swindell v. Belhaven, 173 N.C. 1, 91 S.E. 369; Greensboro v. Scott, 138 N.C. 181, 50 S.E. 589; Davis v. Fremont, 135 N.C. 538, 47 S.E. 671.

The mere fact that the General Assembly has now delegated the authority to counties to construct water and sewer systems, as well as to cities and towns, does not change the construction of such systems [653]*653from being for a public purpose. Neither does the limitation upon the counties, requiring that bonds for the construction thereof be approved by the voters in such county, impair the constitutionality of the grant of such power in any respect.

The contention that Chapter 266 of the Session Laws of 1957 violates Article I, Section 17, of the Constitution of North Carolina, by depriving persons of Cleveland County of their property without due process of law, and that the statute violates the equal protection clause of the Fourteenth Amendment to the Constitution of the United States, and Article I, Section 5, of the Constitution of North Carolina, is untenable. S. v. Bd. of Commissioners of Allen County, 124 Ohio St. 174, 177 N.E. 271; S. v. Carney, 163 Ohio St. 159, 126 N.E. 2d 449; Keene v. Jefferson County, 135 Ala. 465, 33 So. 435; Welch v. Coglan, 126 Md. 1, 94 A. 384;

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Bluebook (online)
100 S.E.2d 55, 246 N.C. 647, 1957 N.C. LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsey-v-rollins-nc-1957.