Legal Opinion
Clinard v. City of Winston-Salem
Supreme Court of North Carolina
Decided April 11, 1917PublishedCited by 12 opinions
Appeal by defendant from Long, J., at November Term, 1916, of FORSYTE.
1Opinion of the Court
ALLEN, J., concurs; WALKER, J., concurs in the concurring opinion. This is an action for damages and a mandamus because of the refusal of the defendant to issue a building permit.
The defendant had issued a permit to put up an additional room to a building, but, it subsequently coming to the knowledge of the authorities that it was claimed that the location was part of an alley, withdrew the permit. Whether the additional room sought to be built would be within the bounds of the alley depended on whether the alley (357) had been widened by dedication and user. The alley had originally been…
2Cases cited4 opinions
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Price Ex Rel. Bland v. Board of TrusteesSupreme Court of North Carolina · 1916
- Butler v. City of MoberlyMissouri Court of Appeals · 1908
3Cited by12 opinions
- Tri-County Paving, Incorporated v. Ashe County Ashe County Board of CommissionersCourt of Appeals for the Fourth Circuit · 2002
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Akin v. City of MiamiSupreme Court of Florida · 1953
- Rehmann v. City of Des MoinesSupreme Court of Iowa · 1927
- Lindemann v. City of KenoshaWisconsin Supreme Court · 1932
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