NC General Statutes

N.C. Gen. Stat. § 1-254 (2026)

Courts given power of construction of all instruments

✓ current as of July 2026

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Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise, and obtain a declaration of rights, status, or other legal relations thereunder. A contract may be construed either before or after there has been a breach thereof. (1931, c. 102, s. 2.)

Notes of Decisions

Cited in 157 cases (24 in the last 5 years), 1946–2026 · leading case: Town of Boone v. State, 794 S.E.2d 710 (N.C. 2016).

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Town of Boone v. State, 794 S.E.2d 710 (N.C. 2016). · cites it 12× “According to N.C.G.S. § 1-254, “[a]ny person . . . whose rights, status or other legal relations are affected by a statute .”

Whittaker v. Furniture Factory Outlet Shops & Auto-Owners Ins., 550 S.E.2d 822 (N.C. Ct. App. 2001). · cites it 14× “§ 1-254 sets forth the following criteria as to what persons are entitled to declaratory relief: Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute,…”

Goldston v. State, 637 S.E.2d 876 (N.C. 2006). · cites it 6× “. . whose rights, status or other legal relations are affected by a statute .”

Bio-Med. Applications of North Carolina, Inc. v. North Carolina Dep't of Health & Human Servs., 634 S.E.2d 572 (N.C. Ct. App. 2006). · cites it 12× “§ 150B, The Declaratory Judgment Act, N.C. Gen.Stat. § 1-254, and established case law to assert these claims and the trial court possessed jurisdiction to review and rule on BMA's claims.”

Sharpe v. Park Newspapers of Lumberton, Inc., 347 S.E.2d 25 (N.C. 1986). · cites it 6× “N.C.G.S. § 1-254 (1983) provides as follows: Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a .”

City of New Bern v. New Bern-Craven Cnty. Bd. of Educ., 402 S.E.2d 623 (N.C. 1991). · cites it 12× “N.C.G.S. § 1-254 provides in part: Any person interested under a deed, will, written contract or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity…”

North Carolina Dep't of Corr. v. North Carolina Med. Bd., 675 S.E.2d 641 (N.C. 2009). · cites it 3× “This case was brought under the Uniform Declaratory Judgment Act, which gives courts the power to “determine [] any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise” in which a party is “interested” or “affected.”

Town of Emerald Isle Ex Rel. Smith v. State, 360 S.E.2d 756 (N.C. 1987). · cites it 6× “We first address the issue of plaintiffs' standing to bring this action for declaratory judgment under N.C.G.S. § 1-254 (1983). The statute provides as follows: Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights,…”

DeMent v. Nationwide Mut. Ins., 544 S.E.2d 797 (N.C. Ct. App. 2001). · cites it 4× “N.C. Gen. Stat. § 1-254 (1999). Thus, standing to seek a declaration as to the extent of coverage under an insurance policy requires that the party seeking relief have an enforceable contractual right under the insurance agreement.”

Metcalf v. Black Dog Realty, LLC, 684 S.E.2d 709 (N.C. Ct. App. 2009). · cites it 4× “N.C. Gen. Stat. § 1-254 establishes the requirements for standing to seek a declaratory judgment: Any person interested -under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute,…”

Augur v. Augur, 573 S.E.2d 125 (N.C. 2002). · cites it 3× “§ 1-253 (courts have the “power” to declare legal status); N.C.G.S. § 1-254 (courts have the “power” to construe and validate legal instruments); see also N.”

Conner v. North Carolina Council of State, 716 S.E.2d 836 (N.C. 2011). · cites it 5× “whose rights, status or other legal relations are affected by a statute .”

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