Shaw v. Liggett & Myers Tobacco Co.
Supreme Court of North Carolina
Appeal by plaintiff from Frizzélle, J., at Chambers in Durham, N. 0., 1 May, 1946. Prom DubhaM. Civil action instituted by the plaintiff on behalf of himself and all other interested taxpayers of the City and County of Durham, to restrain the defendant from erecting a building in and across a portion of Fuller Street in the City of Durham.
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Appeal by plaintiff from Frizzélle, J., at Chambers in Durham, N. 0., 1 May, 1946. Prom DubhaM. Civil action instituted by the plaintiff on behalf of himself and all other interested taxpayers of the City and County of Durham, to restrain the defendant from erecting a building in and across a portion of Fuller Street in the City of Durham. The one block of said street which the defendant proposes to close, is bounded on the east and on the west by lands belonging to the defendant; on the north by West Main Street, one of the public streets of the City of Durham; and on the south by the…
1Opinion of the CourtDenny, J.
It was admitted in the oral argument before this Court that the plaintiff has ho interest in the subject matter of this action, except as an interested taxpayer of the City and County of Durham.
The action of a city or town in authorizing the closing of a street, cannot be successfully challenged in a civil suit instituted by a private citizen whose only interest therein is that of a general taxpayer of the city or town. Such action, if maintainable at all, must be instituted by a landowner whose property is affected by the change, and who will suffer some peculiar and special injury by reason…
2Cases cited7 opinions
- Stratford v. City of GreensboroSupreme Court of North Carolina · 1899
- Sanders v. . SmithfieldSupreme Court of North Carolina · 1942
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
- Sanders v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1939
- Pedrick v. . R. R.Supreme Court of North Carolina · 1906
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3Cited by3 opinions
- Painter v. Wake County Board of EducationSupreme Court of North Carolina · 1975
- Teer v. JordanSupreme Court of North Carolina · 1950
- Cox v. Town of OrientalCourt of Appeals of North Carolina · 2014