# McKinney v. Board of Commissioners

> Supreme Court of North Carolina · March 10, 1971 · 278 N.C. 295

URL: https://www.frixlaw.com/law-library/cases/6701910

## Case

- **Full name:** JAMES G. McKINNEY, for and on behalf of himself and other residents and taxpayers of THE WILLIAMSBURG SCHOOL DISTRICT OF ROCKINGHAM COUNTY v. THE BOARD OF COMMISSIONERS FOR ROCKINGHAM COUNTY, WESLEY D. WEBSTER, RUSSELL S. NEWMAN, VIRGINIA TILLER, C. W. ROBERTS, and J. LEONARD POWELL and THE ROCKINGHAM COUNTY BOARD OF ELECTIONS, ALBERT J. POST
- **Court:** Supreme Court of North Carolina
- **Decided:** March 10, 1971
- **Citations:** 278 N.C. 295; 179 S.E.2d 313; 1971 N.C. LEXIS 971
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6701910

## How later opinions describe it (automated extraction)

- holding that plaintiffs action seeking an injunction to restrain the defendants from preparing for and holding an election was moot when the election had actually been held, and therefore, plaintiff’s appeal was properly dismissed

## Opinion text

Per Curiam.
The record shows no amendment of the plaintiff’s “Motion for Judgment” considered as a complaint. In it he sought an injunction to restrain the defendants from preparing for and holding the election which the Board of County Commissioners called to be held on 2 May 1970. He complains therein of no other action or proposed action. The election having been held, this appeal is moot and is hereby dismissed without prejudice to the right of the plaintiff, if so advised, to institute a new action for such relief as he may be entitled to have against any action taken or proposed to be taken by the defendants or others pursuant to the said election.
Appeal dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6701910. Public record. Not legal advice.