dissenting.
I respectfully dissent from the majority opinion as there remains an actual case and controversy as to whether the Long Beach Act is a constitutionally impermissible local act. Having so concluded, this appeal is justiciable and should be reviewed by this Court.
Defendants contend and the majority holds that plaintiffs’ challenge to the Long Beach Act as a constitutionally impermissible local act does not constitute a justiciable case or controversy between the parties.1 As the determination of the constitutionality of the Act is a threshold issue which would have a practical effect on the existing controversy, I disagree.
Plaintiffs seek a declaratory judgment as to the constitutionality of the statute on its face, contending that the statute violates Article II, Section 24 of the North Carolina Constitution, which prohibits certain local laws. “The purpose of the Declaratory Judgment Act is, ‘to *185settle and afford relief from uncertainty and insecurity, with respect to rights, status, and other legal relations....’ It is to be liberally construed and administered.” Insurance Co. v. Roberts, 261 N.C. 285, 287, 134 S.E.2d 654, 657 (1964) (citations omitted). Plaintiffs’ original complaint challenged both the constitutionality of the Long Beach Act as an impermissible local act, as well as the ordinance passed pursuant to that statute by the Town of Long Beach. Plaintiffs have conceded that the first ordinance, repealed by the Town, is no longer before this Court. See generally State v. McCluney, 280 N.C. 404, 407, 185 S.E.2d 870, 872 (1972) (holding that repeal of a statute moots the issue of its constitutionality). However, they contend that their challenge to the constitutionality of the statute remains justiciable, as the Long Beach Act has not been repealed. Therefore, the critical question is whether the constitutionality of a statute is justiciable when the action the statute authorizes has not yet been implemented. Our. Supreme Court addressed a case with a similar procedural posture in Adams v. Dept. of N.E.R. and Everett v. Dept. of N.E.R., 295 N.C. 683, 249 S.E.2d 402 (1978).
In Adams, our Supreme Court considered an appeal by landowners as to the validity of the Coastal Area Management Act of 1974 (“CAMA”). The plaintiffs first challenged the constitutionality of CAMA as an impermissible local law, and made additional claims of alleged unconstitutional takings and searches by the implementing authority. Id. at 685-86, 249 S.E.2d at 404.
The Supreme Court first considered the challenge to the constitutionality of CAMA, stating:
“ ‘It is well settled in this State that the courts have the power, and it is their duty in proper cases, to declare an act of the General Assembly unconstitutional — but it must be plainly and clearly the case. If there is any reasonable doubt, it will be resolved in favor of the lawful exercise of their powers by the representatives of the people.’ ”
Adams, 295 N.C. at 689, 249 S.E.2d at 406 (quoting Glenn v. Board of Education, 210 N.C. 525, 529-30, 187 S.E. 781, 784 (1936)). “ ‘If there is a conflict between a statute and the Constitution, this Court must determine the rights and liabilities or duties of the litigants before it in accordance with the Constitution, because the Constitution is the superior rule of law in that situation.’ ” Id. at 690, 249 S.E.2d at 406 (citation omitted). The Court in Adams then concluded that the *186statute in question was a general rather than local law. Id. at 696, 249 S.E.2d at 410.
The Court then addressed the plaintiffs’ contentions that CAMA authorized an unconstitutional taking of land and warrantless search in violation of the Fourth Amendment. Id. at 702-03, 249 S.E.2d at 413. Those challenges arose from CAMA’s authorization of the implementing authority to pass certain regulations and carry out certain investigations; however, such actions had not yet occurred at the time of the plaintiffs’ suit. Id. at 704-05, 249 S.E.2d at 414-15. The Supreme Court found the plaintiffs’ contentions that they would be denied land use permits and thus suffer a decrease in their land value, or would be subject to warrantless searches were speculative and premature. Id. at 705, 249 S.E.2d at 415. The Court, noting that “ ‘an action for a declaratory judgment will lie only in a case in which there is an actual or real existing controversy between parties having adverse interests in the matter in dispute [,]’ ” id. at 703, 249 S.E.2d at 413-14 (citation omitted), determined that the plaintiffs’ claims as to the taking and search issues presented no justiciable controversy entitling the plaintiffs to relief under the Declaratory Judgment Act. Id. at 704, 249 S.E.2d at 415.
“A case is ‘moot’ when a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy.” Roberts v. Madison County Realtors Assn., 344 N.C. 394, 398-99, 474 S.E.2d 783, 787 (1996) (citation omitted). Here however, as the majority notes, both parties have conceded that the validity of the ordinance necessarily relies on the validity of the Long Beach Act. Without the authority of the Long Beach Act, defendants would be prohibited from creating parks on dead-end streets. See Scronce v. Town of Long Beach, 133 N.C. App. 190, 520 S.E.2d 609 (1999) (unpublished) (holding that the Town of Long Beach may not establish parks on dedicated street ends). We note that here, as in Adams, the determination of whether the statute is an impermissible local act is a threshold issue, and if this Court were to determine that the Act is unconstitutional on this ground, plaintiffs’ additional claims as to the authorized ordinance would be effectively resolved. Thus, a determination of the constitutionality of the statute would have a practical effect on the existing controversy.
Adams clearly illustrates that our appellate courts have a duty to determine the rights and liabilities or duties of the litigants before it when there is a conflict between a statute and the Constitution, because the Constitution is the superior rule of law in that situation. *187Adams, 295 N.C. at 690, 249 S.E.2d at 406. Therefore, as there remains an actual case and controversy between the parties as to the constitutionality of the statute, I respectfully dissent from the majority and find that this appeal is justiciable and should be reviewed before this Court.
. As the majority’s analysis focuses on the lack of a justiciable controversy, I address the issue of plaintiffs’ standing only to note that as it is uncontested plaintiffs are property owners likely to suffer direct injury if the statute is enforced, plaintiffs have standing to initiate this action. See Maines v. City of Greensboro, 300 N.C. 126, 130-31, 265 S.E.2d 155, 158 (1980).