# In re the Board of Commissioners

> Court of Appeals of North Carolina · October 29, 1985 · 77 N.C. App. 596

URL: https://www.frixlaw.com/law-library/cases/8907932

## Case

- **Full name:** IN THE MATTER OF: THE BOARD OF COMMISSIONERS OF DARE COUNTY, to wit: ROBERT V. OWENS, Chairman, H. RUSSELL LANGLEY, THOMAS B. GRAY, JOSEPH T. LAMB, JR., and ORMAN L. MANN, and DARE COUNTY MANAGER JACK W. CAHOON
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 29, 1985
- **Citations:** 77 N.C. App. 596; 335 S.E.2d 527; 1985 N.C. App. LEXIS 4161
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Parker
- **Judges:** Becton, Hedrick, Parker
- **Cited by:** 0 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/8907932

## Opinion text

PARKER, Judge.
Appellants contend, and the State concedes, that Judge Chaf-fin’s order was entered without following necessary procedural requirements for jurisdiction and due process. Specifically, the in-junctive order was not issued incident to any pending action. No complaint was filed and no summons was issued. Therefore, the court did not have jurisdiction to issue an injunction. Swindell v. Overton, 62 N.C. App. 160 , 302 S.E. 2d 841 (1983), rev’d on other *598 grounds, 310 N.C. 707 , 314 S.E. 2d 512 (1984). Further, the order was issued ex mero motu with no notice or opportunity to be heard given to Appellants. The order is void and is, therefore, vacated.
Chief Judge HEDRICK and Judge BECTON concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8907932. Public record. Not legal advice.