Graham v. City of Raleigh

MARTIN (Robert M.), Judge.

This case involves a declaratory judgment action brought by the plaintiffs to determine the validity of Raleigh City Zoning Ordinance 80 551 ZC 73. It is settled law in North Carolina that such a zoning suit is a proper case for a declaratory judgment, and also that, in such a case, summary judgment may be entered when otherwise proper, upon motion of either plaintiff or defendant. Blades v. City of Raleigh, 280 N.C. 531, 187 S.E. 2d 35 (1972).

Here, as plaintiffs set forth in their brief, the material facts are not in issue. The controversy is as to the legal…