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N.C. Gen. Stat. § 7A-245

Injunctive and declaratory relief to enforce or invalidate statutes; constitutional rights

Applied in 1 court decision — leading case 168 N.C. App. 717 - Clayton v. North Carolina State Bar (2005)

Most recently applied in 168 N.C. App. 717 - Clayton v. North Carolina State Bar (March 2005)

1965, c. 310, s. 1.

(a) The superior court division is the proper division without regard to the amount in controversy, for the trial of civil actions where the principal relief prayed is

(1) Injunctive relief against the enforcement of any statute, ordinance, or regulation;

(2) Injunctive relief to compel enforcement of any statute, ordinance, or regulation;

(3) Declaratory relief to establish or disestablish the validity of any statute, ordinance, or regulation; or

(4) The enforcement or declaration of any claim of constitutional right.

(b) When a case is otherwise properly in the district court division, a prayer for injunctive or declaratory relief by any party not a plaintiff on grounds stated in this section is not ground for transfer.

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.