Shaver v. Commissioners of Salisbury

68 N.C. 291

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Settle, J.

The plaintiff asks to restrain the Commis sioners of Salisbury from selling their Town Hall, upon the ground, that by so doing they would inflict irreparable injury to the town.

The defendants allege, that the town is in debt, and that a much smaller and less expensive Hall will answer all necessary purposes.

Whatever may be the merits of the controversy, it is evident that the charter of the Town, ratified on the 27th day of January, 1859, confers upon the Commissioners full power to acquire, regulate and dispose of a Town Plall, public squares, &c., in such manner as to them may seem best for the interest of the Town. In other words, they have a large discretion in such matters, which is not subject to be controlled by the Courts.

His Honor was correct in dissolving the injunction.

Let this be certified, &c.

Per Curiam.

Judgment affirmed.