“even though this matter presents a genuine controversy, plaintiffs have no basis for the relief they seek”
How later courts described this case
- “even though this matter presents a genuine controversy, plaintiffs have no basis for the relief they seek”
Written by the judges who cited it.
The opinion
Judge Walker
concurring.
Senate Bill 1360, as ratified by the 1996 General Assembly, states the following: “The County of Stanly has power under general law to acquire real and personal property and convey it to the State under G.S. 160A-274 or other applicable law for use as a correctional facility.” N.C. Gen. Stat. § 160A-274(b) provides:
Any governmental unit may, upon such terms and conditions as it deems wise, with or without consideration, exchange with, lease to, lease from, sell to, purchase from, or enter into agreements regarding the joint use by any other governmental unit of any interest in real or personal property that it may own.
I agree with the General Assembly that Stanly County already had the authority to acquire land and transfer it to the State for use as a correctional facility. I deem that portion of the opinion which states *637 that Stanly County would not be authorized to make such a conveyance absent Senate Bill 1360 to be dicta and not necessary to the holding of the case.