Legal Opinion

Kent Corporation v. City of Winston-Salem

Supreme Court of North Carolina

Decided January 12, 1968No. 444PublishedCited by 13 opinions

1Opinion of the CourtBobbitt, J.

The question for decision is whether defendant, by the terms of the lease, is required to account to plaintiff for one-half or any- portion of the money collected by defendant as penalties for violations of the municipal ordinances relating to parking on municipal off-street parking lots. The answer depends upon whether the money so collected by defendant constitutes “proceeds from the operation of the parking meters,” or “revenue derived from the meters.”

In Rhodes, Inc. v. Raleigh, 217 N.C. 627, 9 S.E. 2d 389, 130 A.L.R. 311 (1940), ordinances purporting to regulate on-street parking by…

2Cases cited8 opinions

  1. Gould Morris Electric Co. v. Atlantic Fire Insurance Co.Supreme Court of North Carolina · 1948
  2. Britt v. City of WilmingtonSupreme Court of North Carolina · 1952
  3. State v. ScogginSupreme Court of North Carolina · 1952
  4. Church v. HancockSupreme Court of North Carolina · 1964
  5. M. H. Rhodes, Inc. v. City of RaleighSupreme Court of North Carolina · 1940

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3Cited by13 opinions

  1. Gillespie v. DeWittCourt of Appeals of North Carolina · 1981
  2. Catawba Athletics, Inc. v. Newton Car Wash, Inc.Court of Appeals of North Carolina · 1981
  3. Board of Transportation v. BryantCourt of Appeals of North Carolina · 1982
  4. Hall v. HallCourt of Appeals of North Carolina · 1978
  5. Penske Truck Leasing Co. v. Republic Western InsuranceDistrict Court, E.D. North Carolina · 2006

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