Stutts v. Swaim

BRITT, Judge.

The validity of the comprehensive zoning ordinance adopted by defendant city on 9 May 1967 is not challenged by any party to this action. Two major questions are raised by the pleadings: (1) the validity of the 12 November 1968 rezoning ordinance, and (2) laches on the part of plaintiffs. We will discuss the questions in that order.

The burden was on plaintiffs to show that the 12 November 1968 rezoning ordinance was invalid. State v. Joyner, 286 N.C. 366, 211 S.E. 2d 320 (1975).

We find no merit in plaintiffs’ contention that the rezoning ordinance is invalid because they had no…