Petitioners filed a notice of appeal on 27 October 1998. First, petitioners assert that the trial court erred in dismissing their action with prejudice by finding SB 540constitutional. WayneCounty Citizens Ass'n v. Wayne County Bd. of Com'rs. A statute will not be declared unconstitutional unless this conclusion is so clear that no reasonable doubt can arise, or the statute cannot be upheld on any reasonable ground.
Penny presents an identical factual scenario to the case at bar.
In Penny , the Harnett County Register of Deeds was elected to a two-year term in November of 1938, and took office in December of 1938. A would-be candidate for that office filed suit claiming that the extension of the term was unconstitutional. In Penny , our Supreme Court held that the statute that changed the length of term of the register of deeds was constitutional. Here, acity council term was extended from two to four years by the General Assembly just as the register of deeds' term was extended in Penny . Penny is directly on point.