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NC General Statutes

N.C. Gen. Stat. § 1-256 (2026)

Enumeration of declarations not exclusive

✓ current as of July 2026
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The enumeration in G.S. 1-254 and 1-255 does not limit or restrict the exercise of the general powers conferred in G.S. 1-253 in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. (1931, c. 102, s. 4.)

 

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1947–2026 · leading case: Town of Spencer v. Town of East Spencer, 522 S.E.2d 297 (N.C. 1999).
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Town of Spencer v. Town of East Spencer, 522 S.E.2d 297 (N.C. 1999). · cites it 10× “" N.C.G.S. § 1-256 (1996). This Court has interpreted section 1-256 as "enlarg[ing] the specific categories mentioned elsewhere in the statute," Town of Tryon v.”
Penley v. Penley, 332 S.E.2d 51 (N.C. 1985). · cites it 2× “G.S. 1-256 then provides: Enumeration of declarations not exclusive.”
Time Warner Entm't advance/newhouse P'ship v. Town of Landis, North Carolina, 2012 NCBC 48 (N.C. Bus. Ct. 2012). · cites it 9× “§] 1-253 in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.”
Hine v. Blumenthal, 80 S.E.2d 458 (N.C. 1954). “The Act also provides, among other things, that any person interested in a deed, will, or written contract, may bring an action to determine any *543 question of construction or validity arising in such deed, will, or contract, and “obtain a declaration of rights, status, or…”
Edmondson v. Henderson, 99 S.E.2d 869 (N.C. 1957). “G.S. 1-256 to 1-267. The Act has this provision respecting the joinder of parties (G.”
Kiousis v. Kiousis, 503 S.E.2d 437 (N.C. Ct. App. 1998). “2d 51, 65 (1985),“[w]hile most of the cases seeking a declaratory judgment involve written agreements, this [is] not a requirement where, pursuant to G.S. 1-256, ‘a judgment or decree will terminate the controversy or remove an uncertainty.”
Town of Spencer v. Town of East Spencer, 501 S.E.2d 367 (N.C. Ct. App. 1998). · cites it 2× “N.C. Gen. Stat. § 1-256 provides that “[t]he enumeration in G.”
James v. Hunt, 258 S.E.2d 481 (N.C. Ct. App. 1979). “However, G.S. 1-256 specifically provides that “[t]he enumeration in §§ 1-254 and 1-255 does not limit or restrict the exercise of the general powers conferred in § 1-253 in any proceedings where declaratory relief is sought, in which a *116 judgment or decree will terminate the…”
Brandis v. . Trs. of Davidson Coll., 41 S.E.2d 833 (N.C. 1947). “G. S., 1-256; Light Co. v. Iseley, 203 N.”
Charles Schwab & Co., Inc. v. Marilley, 2026 NCBC 7 (N.C. Bus. Ct. 2026). · cites it 3× “in which a judgment or decree will terminate the controversy or remove an uncertainty[,]” N.C.G.S. § 1-256. The Act’s “purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be liberally…”
Charles Schwab & Co. v. Marilley, 2026 NCBC 7 (N.C. Bus. Ct. 2026). · cites it 3× “in which a judgment or decree will terminate the controversy or remove an uncertainty[,]” N.C.G.S. § 1-256. The Act’s “purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be liberally…”
CMD, LLC v. Keith (N.C. Ct. App. 2026). · cites it 3× “” (quoting N.C.G.S. § 1-256)). Here, there is no exact record of any agreement, written or otherwise, between the parties.”
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