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eBook details

• Title: Wellmon v. Hickory Construction Co.
• Author : Court of Appeals of North Carolina
• Release Date : January 15, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Plaintiff brought this action to enjoin the defendants from carrying out certain pending proceedings to condemn certain land for a gravel pit under the provisions of § 20, chapter 159, Laws 1927. The plaintiff predicates its cause of action upon the proposition that the statute under which the defendants are proceeding is violative of certain provisions of the Constitution of the United States and of the Constitution of the state of North Dakota. The complaint shows that plaintiff has a proprietary interest in the gravel pit sought to be condemned and that the taking thereof for a public use in violation of constitutional guarantees will result in injury for which available legal remedies would not afford the plaintiff adequate relief. The defendants interposed a general demurrer to the complaint. The demurrer was over-ruled and the defendants have appealed. The sole question presented on this appeal is whether the statutory provisions under which defendants are proceeding to take the land in question for a gravel pit is or is not violative of rights guaranteed to the plaintiff by the Constitution of the United States and the Constitution of the state of North Dakota.

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