{ "id": 8524536, "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", "name_abbreviation": "In re the Board of Commissioners", "decision_date": "1985-10-29", "docket_number": "No. 851DC337", "first_page": "596", "last_page": "598", "citations": [ { "type": "official", "cite": "77 N.C. App. 596" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "314 S.E. 2d 512", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "310 N.C. 707", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2398058 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc/310/0707-01" ] }, { "cite": "302 S.E. 2d 841", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "opinion_index": 0 }, { "cite": "62 N.C. App. 160", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8521166 ], "year": 1983, "opinion_index": 0, "case_paths": [ "/nc-app/62/0160-01" ] } ], "analysis": { "cardinality": 229, "char_count": 3416, "ocr_confidence": 0.787, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.20553592120621705 }, "sha256": "119da9d5e204c006c997c0b1dbed1907227dc8577635410a4e66ee15036e936f", "simhash": "1:0521a662339c9450", "word_count": 549 }, "last_updated": "2023-07-14T21:22:01.691260+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Chief Judge HEDRICK and Judge BECTON concur." ], "parties": [ "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" ], "opinions": [ { "text": "PARKER, Judge.\nAppellants contend, and the State concedes, that Judge Chaf-fin\u2019s 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\u2019d on other 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.\nChief Judge HEDRICK and Judge BECTON concur.", "type": "majority", "author": "PARKER, Judge." } ], "attorneys": [ "Bailey, Dixon, Wooten, McDonald, Fountain & Walker by John N. Fountain and Gary K. Joyner; Dwight H. Wheless for appellants.", "Attorney General Lacy Thornburg by Senior Deputy Attorney General William W. Melvin and Special Deputy Attorney General Reginald L. Watkins for appellee." ], "corrections": "", "head_matter": "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\nNo. 851DC337\n(Filed 29 October 1985)\nRules of Civil Procedure \u00a7 65; Injunctions \u00a7 12\u2014 mandatory injunction issued on court\u2019s initiative \u2014 no pending action \u2014no notice or hearing \u2014 order void\nAn order issued by a district court judge to the county commissioners requiring the county to provide adequate court facilities and to make such facilities available at all times was void where the injunctive order was not issued incident to any pending action, no complaint was filed, no summons was issued, and there was no notice or opportunity to be heard.\nAppeal by Dare County Commissioners and Dare County Manager from Chaffin, Judge. Order entered 29 October 1984 in District Court, Dare County. Heard in the Court of Appeals 21 October 1985.\nIn March 1983, Dare County opened its newly constructed courthouse annex. The building was used for many functions, but the courtroom was reserved every Tuesday and Friday for District Court sessions.\nJudge Chaffin, the Chief District Judge of the First Judicial District, scheduled a hearing in the new courtroom for 18 October 1984, a Thursday. The Dare County Manager wrote Judge Chaffin that the courtroom was reserved that day for hearings by the Employment Security Commission, but that District Court would continue to have exclusive use of the building on Tuesdays and Fridays, and any other day which was reserved far enough in advance. In response Judge Chaffin issued a mandatory injunction on 29 October 1984 requiring the Board of County Commissioners and the County Manager of Dare County to \u201cprovide adequate court facilities to the District Court . . . and make available at all times such facilities to the court and recognize the priority that the court has to such facilities . . . .\u201d This order was issued without notice to the Commissioners or County Manager, without a hearing and on Judge Chaffin\u2019s own initiative.\nThe Commissioners and County Manager gave notice of appeal and filed a motion to stay further proceedings on the order pending disposition of the appeal. The motion to stay was denied by Judge Chaffin. Facing possible civil contempt charges, the Commissioners and County Manager appealed to this Court to vacate Judge Chaffin\u2019s order.\nBailey, Dixon, Wooten, McDonald, Fountain & Walker by John N. Fountain and Gary K. Joyner; Dwight H. Wheless for appellants.\nAttorney General Lacy Thornburg by Senior Deputy Attorney General William W. Melvin and Special Deputy Attorney General Reginald L. Watkins for appellee." }, "file_name": "0596-01", "first_page_order": 628, "last_page_order": 630 }