Legal Opinion
State v. Byrd
Supreme Court of North Carolina
Decided March 27, 1963No. 435PublishedCited by 4 opinions
1Opinion of the CourtBobbitt, J.
In Tastee-Freez, Inc. v. Raleigh, 256 N.C. 208, 123 S.E. 2d 632, filed January 12, 1962, the ordinance provision then considered provided: “No ice cream shall be peddled along the streets and/or sidewalks of the city from push carts or other vehicles or in any other manner.” This ordinance provision was held in conflict with general State law and therefore invalid.
The ordinance now under consideration was adopted February 26, 1962, at the conclusion of a public hearing conducted by the City Council. The preamble contains extensive recitals as to the substance of comments and contentions made…
2Cases cited12 opinions
- Good Humor Corp. v. City of New YorkNew York Court of Appeals · 1943
- N. J. Good Humor, Inc. v. Board of Commissioners of Bradley BeachSupreme Court of New Jersey · 1940
- City of Chicazgo v. RhineIllinois Supreme Court · 1936
- Trio Distributor Corp. v. City of AlbanyNew York Court of Appeals · 1957
- Frecker v. City of DaytonOhio Supreme Court · 1950
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3Cited by4 opinions
- State v. DobbinsSupreme Court of North Carolina · 1971
- State v. FurioSupreme Court of North Carolina · 1966
- Town of Conover v. JollySupreme Court of North Carolina · 1970
- Frosty Ice Cream, Inc. v. HordSupreme Court of North Carolina · 1964