State v. . Staples
Supreme Court of North Carolina
Appeal from Lane, J., at August Term, 1911, of Buitcombe. Criminal action tried on appeal from police court of the city of Asheville.
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Appeal from Lane, J., at August Term, 1911, of Buitcombe. Criminal action tried on appeal from police court of the city of Asheville. It appeared that defendant was arrested, tried, and convicted on a warrant issued by the police judge of said city, and the testimony showed a violation by defendant of an ordinance of the city in terms as follows: “Sec. 773. That no person, firm, or corporation stall erect or maintain within the city of Asheville any billboard or other similar structure 'used solely for the purpose of displaying posters or other public advertisements, the boards of which shall…
1Opinion of the Court
Hoke, J.,
after stating the case: It is well recognized in this State that “courts will not interfere with the exercise of discretionary powers conferred upon municipal corporations for the public welfare unless their action is so clearly unreasonable as to amount to an .oppressive and manifest abuse of discretion.” Rosenthal v. Goldsboro, 149 N. C., 128; Tate v. Greensboro, 114 N. C., 392.
There was some limitation placed on the principle in the case of S. v. Higgs, 126 N. C., 1014, but that case was expressly overruled in Small v. Edenton, 146 N. C., 527, and the opinion of the present Chief…
2Cases cited8 opinions
- City of Rochester v. . WestNew York Court of Appeals · 1900
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- State v. . WhitlockSupreme Court of North Carolina · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- A-S-P Associates v. City of RaleighSupreme Court of North Carolina · 1979
- General Outdoor Advertising Co. v. City of IndianapolisIndiana Supreme Court · 1930
- Green v. . KitchinSupreme Court of North Carolina · 1948
- Bridwell v. Gate City Terminal Co.Supreme Court of Georgia · 1907
- Riddle v. . LedbetterSupreme Court of North Carolina · 1939
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