# Carolina Mills, Inc. v. Catawba County Board of Education

> Court of Appeals of North Carolina · November 19, 1975 · 27 N.C. App. 524

URL: https://www.frixlaw.com/law-library/cases/9574190

## Case

- **Full name:** CAROLINA MILLS, INC.; MURRAY KAUFMAN and Wife, MARY KAUFMAN; FRANK S. FINOCCHIO and Wife, CAROLYN B. FINOCCHIO; DEWEY W. BERRY, JR., and Wife, ALICE FAYE BERRY; RALPH L. BUMGARNER, JR., and Wife, DORIS BUMGARNER; DAVID R. JORDAN and Wife, HELEN JORDAN; ALLEN MYERS AND Wife, BARBARA H. MYERS; D. R. WALKER and Wife, ANN WALKER; RON ELLIS and Wife, DIANA ELLIS; And EDWARD HARMAN and Wife, PHYLLIS HARMAN v. CATAWBA COUNTY BOARD OF EDUCATION
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 19, 1975
- **Citations:** 27 N.C. App. 524; 219 S.E.2d 509; 1975 N.C. App. LEXIS 1891
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Brock, Clark, Hedrick
- **Cited by:** 4 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/9574190

## Opinion text

Judge Clark
concurring:
The power of eminent domain is founded on the law of necessity and is not to be exercised arbitrarily. In my opinion if the pleadings had properly raised the issue, the plaintiffs would have the right to a judicial determination of the legal authority and necessity for the taking of their vested interests and the right to an injunction pending this determination. But the complaint alleges that the intended use of the lots may become “an annoyance or nuisance to the neighborhood” and prays that defendant be restrained from violating the restrictive *528 covenants. Under these circumstances their remedy is compensation for the taking and not restraint of the defendant in the intended use of the property.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9574190. Public record. Not legal advice.