Allred v. City of Raleigh

BOBBITT, Chief Justice.

Plaintiffs alleged no procedural irregularity in the adoption of the Ordinance. They attack it, inter alia, on the ground it exceeds and conflicts with the authority conferred by the enabling legislation.

A duly adopted rezoning ordinance is presumed to be valid. Controversies in respect of facts pertinent to its validity present questions of fact for determination by the superior court •judge. Zopfi v. City of Wilmington, 273 N.C. 430, 438, 160 S.E. 2d 325, 333. Here, the evidence discloses no conflicts as to essential facts.

The original zoning power of the State…