Fox v. Board of Commissioners of County of Durham

The court below adjudged: (1) that the Act is constitutional and valid in its entirety; and (2) that the zoning ordinance is in all respects valid except as to the quoted definition of “agricultural and farming purposes.” The questions stated and argued in appellants’ brief relate solely to the constitutionality of the Act.

True, the quoted portion of the zoning ordinance adjudged void by the court below was challenged as violative of the Act itself. But it was not alleged or shown that any plaintiff owns realty constituting farm land either subject to or exempt from the provisions of the…