# Carter v. Stanly County

> Court of Appeals of North Carolina · March 18, 1997 · 125 N.C. App. 628

URL: https://www.frixlaw.com/law-library/cases/9589940

## Case

- **Full name:** RONALD LEE CARTER, ANDREW WILLIAM ATKINS, LARRY McCROSKY, HOUSTON F. MAULDIN, SHERRILL DRYE, WALTER S. SMITH, ROBERT ELWOOD SMITH, BILLY PATRICK SMITH, FREDERICK LANE SMITH, LILLY ROSE STOKER, BETTY JANE SMITH GARNER, AND KENNETH HUNEYCUTT, Plaintiffs v. STANLY COUNTY and the BOARD OF COUNTY COMMISSIONERS OF STANLY COUNTY Consisting of DAVID MORGAN, MARTHA SUE HALL, JOHN LOWDER, SHERRILL SMITH, and GERALD EFIRD, Defendants
- **Court:** Court of Appeals of North Carolina
- **Decided:** March 18, 1997
- **Citations:** 125 N.C. App. 628; 482 S.E.2d 9; 1997 N.C. App. LEXIS 231
- **Precedential status:** Published
- **Opinion:** Concurrence by Walker
- **Judges:** Smith, Lewis, Walker
- **Cited by:** 6 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/9589940

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9589940. Public record. Not legal advice.