Boney v. Board of Trustees of Kinston Graded Schools

• Decision Date: 04 June 1948
• Docket Number: 382
• Citation: 48 S.E.2d 56,229 N.C. 136
• Parties: BONEY v. BOARD OF TRUSTEES OF KINSTON GRADED SCHOOLS et al.
• Court: North Carolina Supreme Court

48 S.E.2d 56

229 N.C. 136

BONEY v. BOARD OF TRUSTEES OF KINSTON GRADED SCHOOLS et al.

No. 382

Supreme Court of North Carolina

June 4, 1948

The Board of Trustees of the Kinston Graded Schools is a body politic and corporate charged with the public duty of providing an adequate public school system for children residing in the Kinston Graded School District, a political subdivision of the State. The boundaries of this school district are practically coterminable with those of the City of Kinston, a municipal corporation of Lenoir County.

The Board of Trustees of the Kinston Graded Schools is the owner in fee simple of a tract of land situated near the Kinston High School in the City of Kinston, which it bought in 1937 from Mrs. Sadie Grainger Pierce for $8,500. For convenience of narration this land is hereafter called the Pierce property. The Board of Trustees purchased this property for an athletic field and playground for the children attending the Kinston Graded Schools. Ever since its acquisition, it has been used for such purpose. But during these times, the Board of Trustees of the Kinston Graded Schools has been, and still is, without funds with which to construct on this land an athletic stadium required to meet the reasonable athletic and recreational needs of the Kinston Graded Schools. Consequently, the property is virtually unimproved. It will not be expedient for some years for the Kinston Graded Schools to undertake to borrow money for the erection of the needed stadium because 'such course would hamper the construction of necessary additional school buildings.'

The General Assembly of 1947 enacted two statutes bearing directly upon the matter in controversy. By chapter 397 of the Session Laws of 1947, the legislature authorized the City of Kinston to erect and maintain an athletic stadium 'upon lands owned by it and forming a part of its system of public parks', and to issue its bonds in a principal amount not exceeding $150,000 to defray the cost of constructing such stadium, and to levy a tax for paying the principal and interest on such bonds, in case such action on its part was first 'approved by a majority of the qualified voters of the City of Kinston at a special election' called by its Council. By chapter 544 of the Session Laws of 1947, the General Assembly empowered the Board of Trustees of the Kinston Graded Schools to convey the Pierce property to the City of Kinston in fee simple and without monetary consideration as 'a part of the system of parks of the City of Kinston' and as the site for the projected athletic stadium in the event the proposal to issue bonds for the erection of the stadium was first approved by the qualified voters of the City of Kinston at the special election held under chapter 397 of the Session Laws of 1947, and in the further event that a written agreement was first entered into between the Board of Trustees of the Kinston Graded Schools and the City of Kinston making the athletic stadium and the Pierce land available without charge 'for all reasonable use by the Kinston Graded Schools for athletic and recreational purposes.'

On October 28, 1947, the special election was conducted in the City of Kinston in conformity to chapter 397 of the Session Laws of 1947. At this election, an overwhelming majority of the qualified voters of the City of Kinston cast their ballots in favor of the proposition to authorize the City of Kinston to erect and maintain an athletic stadium 'upon lands owned by it and forming a part of its system of public parks', and to issue its bonds in a principal amount not exceeding $150,000 to defray the cost of erecting such stadium, and to levy a tax for paying the principal and interest on such bonds.

After the result of the special election had been duly determined and declared, the Board of Trustees of the Kinston Graded Schools and the City of Kinston undertook to carry out a written agreement made by them in pursuance of the provisions of chapter 544 of the Session Laws of 1947 to effectuate the statutory purpose of making the contemplated stadium and the Pierce property available without charge 'for all reasonable use by the Kinston Graded Schools for athletic and recreational purposes. ' By this contract, the Board of Trustees of the Kinston Graded Schools bound itself to convey the Pierce land to the City of Kinston in fee simple and without monetary consideration to the end that it might become a part of the system of public parks of the City of Kinston and to the further end that it might be used as the site of the proposed athletic stadium. The City of Kinston obligated itself by this agreement to build and maintain the projected stadium on the Pierce property at its own expense and to permit the Kinston Graded Schools to use such stadium and its site 'without rent or other charge therefor during the time from the beginning until the end of each respective school term, for athletic, instructional, and recreational purposes, when such use shall not conflict or interfere with regularly scheduled games of professional baseball played in connection with the activities of a professional baseball association holding a lease upon said stadium and grounds' from the City of Kinston. The City of Kinston further bound itself by its contract with the Board of Trustees of the Kinston Graded Schools to reconvey the Pierce land to such Board of Trustees in fee simple and without monetary consideration in case the proposed stadium is destroyed by fire or other casualty and the City of Kinston fails for a period of five years to make a new stadium 'available for the use of the Kinston Graded Schools as provided in this agreement.'

W. E Boney, a taxpaying resident of the City of Kinston and of the Kinston Graded School District, brought this action against the Board of Trustees of the Kinston Graded Schools, the City of Kinston, the Board of Aldermen of the City of Kinston, and Guy Elliott, the Mayor of the City of Kinston, alleging that the written agreement between the city and the school trustees is viid in law because chapter 544 of the Session Laws of 1947 contravenes Article IX, Section 5, of the North Carolina Constitution, and asking a perpetual injunction against the defendants to prevent the proposed conveyance of the Pierce property to the City of Kinston and to prevent the City of Kinston from constructing the contemplated athletic stadium on such property.

Upon application of the plaintiff, a temporary restraining order was issued, and a notice to show cause why an injunction should not be granted as prayed was served on the defendants. On the return day, Judge Stevens heard the testimony of the parties, found that the right of the Kinston Graded Schools to use the proposed stadium without charge constituted 'full and adequate value for the conveyance of the land', concluded that chapter 544 of the Session Laws of 1947 is a valid exercise of legislative power, and rendered judgment dissolving the restraining order and dismissing the action. The plaintiff thereupon appealed.

H. P. Whitehurst and R. E. Whitehurst, both of New Bern, for plaintiff-appellant.

R. A. Whitaker, F. E. Wallace and George B. Greene, all of Kinston, for defendants-appellees.

ERVIN Justice.

It will conduce to clarity of understanding to note and emphasize at the outset that the issuance of the bonds and the imposition of the tax mentioned in chapter 397 of the Session Laws of 1947 will not impinge upon the inhibition of Article VII, Section 7, of our Constitution because they have been expressly sanctioned by a vote of the majority of the qualified voters of the City of Kinston. Moreover, the plaintiff properly concedes that the establishment and maintenance of an athletic stadium for use 'in connection with the athletic activities of the city's public park system' constitutes a public purpose within the meaning of Article v, Section 3, of our organic law prescribing that 'taxes shall be levied only for public purposes. ' Nash v. Tarboro, 227 N.C. 283, 42 S.E.2d 209; Atkins v. Durham, 210 N.C. 295, 186 S.E. 330; Adams v. Durham, 189 N.C. 232, 126 S.E. 611; Ashmore v. Greater Greenville Sewer Dist., 211 S.C 77, 44 S.E.2d 88, 173 A.L.R. 397, 415. Since the validity of the proposed lease...