Town of Durham v. White Enterprises, Inc.

Bills in equity by the town of Durham against defendant White Enterprises and defendants Walter and Mary Fischer to enjoin them from renting or leasing their respective premises to groups of more than four unrelated persons in violation of its zoning ordinance as amended on March 9, 1971. Prior to a hearing thereon, the parties to both actions filed agreed statements of facts to enable the Trial Court (Cann, J.) to reserve and transfer five questions of law raised thereby. The main legal issues transferred are (1) whether the town can properly and constitutionally restrict the density of…