NC General Statutes

N.C. Gen. Stat. § 1-260 (2026)

Parties

✓ current as of July 2026

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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. (1931, c. 102, s. 8.)

Notes of Decisions

Cited in 43 cases (6 in the last 5 years), 1954–2026 · leading case: Hoke Cnty. Bd. of Educ. v. State, 599 S.E.2d 365 (N.C. 2004).

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Hoke Cnty. Bd. of Educ. v. State, 599 S.E.2d 365 (N.C. 2004). · cites it 5× “” N.C.G.S. § 1-260 (2003). Thus, while the precise party designation — i.”

Azure Dolphin, LLC v. Barton, 821 S.E.2d 711 (N.C. 2018). · cites it 3× “In concluding that these claims should be dismissed, the trial court determined that plaintiffs had failed to join all of the parties necessary for a proper adjudication of the claims in question, citing N.C.G.S. § 1-260 (providing that "all persons shall be made parties who…”

State Ex Rel. Edmisten v. Tucker, 323 S.E.2d 294 (N.C. 1984). · cites it 6× “N.C.G.S. § 1-260 entitled Parties, provides: “When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration.”

Good Hope Hosp., Inc. v. North Carolina Dep't of Health & Human Servs., 620 S.E.2d 873 (N.C. Ct. App. 2005). · cites it 2× “Plaintiffs joined Amisub as a defendant, alleging that under N.C. Gen. Stat. § 1-260 it may have an interest that may be affected by the litigation, but made no further allegations as to Amisub.”

Augur v. Augur, 573 S.E.2d 125 (N.C. 2002). · cites it 3× “On motion of the defendant, the trial court’s judgment was set aside to afford the North Carolina Attorney General the opportunity to be heard on the constitutional issues raised by defendant’s counterclaim, as required by N.C.G.S. § 1-260. The Attorney General ultimately agreed…”

Maready v. City of Winston-Salem, 467 S.E.2d 615 (N.C. 1996). · cites it 6× “Easley, Attorney General, is a party defendant by way of voluntary intervention as a matter of right pursuant to Rule 24(a)(1) of the North Carolina Rules of Civil Procedure and N.C.G.S. § 1-260, in that the action seeks to have an act of the General Assembly of the State of…”

Appeal of Springmoor, Inc., 498 S.E.2d 177 (N.C. 1998). · cites it 6× “For this reason, this Court, on 16 October 1997, instructed the Attorney General to file a brief, pursuant to N.C.G.S. § 1-260, addressing the constitutionality of N.”

Silver v. The Halifax Cty. Bd. of Commissioners, 805 S.E.2d 320 (N.C. Ct. App. 2017). · cites it 2× “In addition, section 1-260 of the General Statutes declares plainly that when declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration.”

Beroth Oil Co. v. North Carolina Dep't of Transp., 725 S.E.2d 651 (N.C. Ct. App. 2012). · cites it 2× “§ 1983 (“Claim 3”); a taking in violation of Article I, Section 19 (the *424 “Law of the Land” clause) of the North Carolina Constitution (“Claim 4”); and declaratory relief pursuant to N.C. Gen. Stat. § 1-260 (2011) seeking “a declaration of taking and the date of the…”

White v. Pate, 304 S.E.2d 199 (N.C. 1983). “Likewise, the manner in which we have addressed the constitutional challenge to the statute, makes it unnecessary for us to determine whether this was an action challenging the constitutionality of a statute brought under the Declaratory Judgment Act, G.”

Meares v. Town of Beaufort, 667 S.E.2d 244 (N.C. Ct. App. 2008). · cites it 2× “See N.C. Gen. Stat. § 1-260 (2007) (“no declaration shall prejudice the rights of persons not parties to the proceedings.”

Inland Greens HOA, Inc. v. Dallas Harris Real Est.-Constr. Inc., 492 S.E.2d 359 (N.C. Ct. App. 1997). · cites it 4× “Within that Act, N.C. Gen. Stat. § 1-260 states that “[w]hen 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…”

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