When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.
N.C. Gen. Stat. § 1-260
Parties
Known as the Uniform Declaratory Judgment Act
The act spans §§ 1-253 to 1-267 (15 sections).
Applied in 12 court decisions — leading case 174 N.C. App. 266 - Good Hope Hospital, Inc. v. North Carolina Department of Health & Human Services (2005)
Most recently applied in 258 N.C. App. 636 - Regency Lake Owners' Ass'n, Inc. v. Regency Lake, LLC (April 2018)
1931, c. 102, s. 8.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.