Texfi Industries, Inc. v. City of Fayetteville

261 S.E.2d 21, 44 N.C. App. 268, 1979 N.C. App. LEXIS 3249
Court of Appeals of North Carolina·Decided December 18, 1979·No. No. 7912SC38·Published·Cited by 24 cases

Opinion

CLARK, Judge.

I. Standing

We agree with appellees that there is a fine line between the issue of standing and the issue of failure to state a claim. One may have standing to assert a claim which the Court in its final analysis decides has no merit. The gist of standing is whether [270] there is a justiciable controversy being litigated among adverse parties with substantial interest affected so as to bring forth a clear articulation of the issues before the court. The often-stated rule that a taxpayer has no standing to challenge questions of general public interest that affects all taxpayers equally, Green v. Eure, 27 N.C. App. 605, 608, 220 S.E. 2d 102 (1975), cert. denied, 289 N.C. 297, 222 S.E. 2d 696 (1976), does not apply where a taxpayer shows that the tax levied upon him is for an unconstitutional, illegal or unauthorized purpose, Wynn v. Trustees, 255 N.C. 594, 122 S.E. 2d 404 (1961), that the carrying out of the challenged provision “will cause him to sustain personally, a direct and irreparable injury,” Nicholson v. State Education Assistance Authority, 275 N.C. 439, 448, 168 S.E. 2d 401, 406 (1969), or that he is a member of the class prejudiced by the operation of the statute, Appeal of Martin, 286 N.C. 66, 209 S.E. 2d 766 (1974). More particularly, if an annexation “is neither authorized by law nor made under the color of law it is void and is subject to attack by anyone having a sufficient personal interest in the litigation.” Taylor v. City of Raleigh, 290 N.C. 608, 618, 227 S.E. 2d 576, 582 (1976). We find that appellant has standing to assert that the annexation statute has béen applied to it in an unconstitutional manner by allegedly denying appellant effective notice of annexation and by allegedly denying appellant opportunities to register its opposition to the annexation in a manner equal to the right of opposition exercisable by resident voters. Here appellant asserts that its own constitutional rights have been injured and the claims asserted are not frivolous. No direct economic injury need be shown in order to have standing to assert that one’s constitutional rights have been violated. However, whether a party has asserted a claim upon which relief can be granted is an entirely different question.

II. Equal Protection

Texfi contends that it has been denied equal protection of the laws because corporations have no right to vote as “qualified resident voters” in a referendum on the question of municipal extension, held pursuant to N.C. Gen. Stat. § 160A-25, notwithstanding the fact that Texfi, like resident taxpayers, must pay all real and personal property taxes located within the municipality. We recognize that “[a] State has no more power to deny to corporations the equal protection of the law than it has to individual [271] citizens.” Gulf, Colorado & Sante Fe Railway Co. v. Ellis, 165 U.S. 150, 154, 17 S.Ct. 255, 41 L.Ed. 666 (1897). We do not agree, however, that appellant has been denied equal protection of the law in the instant case.

Our first task under traditional equal protection analysis is to identify the nature of Texfi’s interest, and in this regard we hold that corporations have no fundamental, inalienable rights of suffrage, either spelled out in or implied from the due process clause and law of the land clause of, respectively, the United States Constitution and North Carolina Constitution. This simple holding reveals the tip of an iceberg concerning the constitutional rights of corporations.

It has long been the rule that with respect to “property rights,” a private corporation is a “person” within the meaning of both the equal protection and due process clause of the Fourteenth Amendment. Kentucky Finance Corporation v. Paramount Auto Exchange Corporation, 262 U.S. 544, 43 S.Ct. 636, 67 L.Ed. 1112 (1923). However, it was also established that the “liberty” guarantee of the Fourteenth Amendment applied to natural persons only and not to such artificial persons as corporations. Pierce v. Society of Sisters, 268 U.S. 510, 535, 45 S.Ct. 571, 69 L.Ed. 1070 (1925). This result followed from a conception of liberty, held by our Founding Fathers, as exemplified by Thomas Jefferson’s language in the Declaration of Independence and Article I, section 1 of the North Carolina Constitution, that liberties were inalienable divine endowments which by their very nature could not inhere in secular institutions. See, e.g., Meachum v. Fano, 427 U.S. 215, 229, 96 S.Ct. 2532, 49 L.Ed. 2d 451 (1976) (Mr. Justice Stevens, dissenting). Similarly, this result followed from the reasoning that “. . . the only rights [a corporation] can claim are the rights which are given to it in that character, and not the rights which belong to its members as a citizen of a state . . . .” Bank of Augusta v. Earl, 38 U.S. (13 Pet.) 519, 587, 10 L.Ed. 274 (1839).

In First National Bank of Boston v. Bellotti, 435 U.S. 765, 55 L.Ed. 2d 707, 98 S.Ct. 1407 (1978), however, the United States Supreme Court rejected this dichotomy between the liberty and property interests of corporations as “an artificial mode of analysis, untenable under decisions of this Court.” 435 U.S. at [272]*272778-79. A new test was propounded by Mr. Justice Powell: “Whether or not a particular guarantee is ‘purely personal’ or is unavailable to corporations for some other reason depends on the nature, history, and purpose of the particular constitutional provision.” 435 U.S. at 778-79 fn. 14. The opinion went on to explain that the argument that corporations, as creatures of the State, have only those rights granted them by the State, was “an extreme position [which] could not be reconciled either with the many decisions holding state laws invalid under the Fourteenth Amendment when they infringe protected speech by corporate bodies.” Id. Nonetheless, the Court recognized that “[cjertain ‘purely personal’ guarantees, such as the privilege against compulsory self-incrimination, are unavailable to corporations and other organizations because the ‘historic’ function of the particular guarantee has been limited to the protection of individuals.” Id. Similarly, the opinion noted that corporations have been denied equality with individuals in the enjoyment of a right to privacy. California Bankers Assn. v. Schultz, 416 U.S. 21, 65-67, 39 L.Ed. 2d 812, 94 S.Ct. 1494 (1974).

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Texfi Industries, Inc. v. City of Fayetteville, 261 S.E.2d 21, 44 N.C. App. 268, 1979 N.C. App. LEXIS 3249 (N.C. Ct. App. 1979).

261 S.E.2d 21 (Texfi Industries, Inc. v. City of Fayetteville) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Texfi Industries, Inc. v. City of Fayetteville
261 S.E.2d 21 (Court of Appeals of North Carolina, 1979)