City of Raleigh v. Edwards

This appeal from the ruling of the court below on the petitioner’s demurrer tests the sufficiency of the interveners’ answer to allege facts sufficient to constitute these alternate affirmative defenses: (1) that the erection by the City of Raleigh of the proposed elevated water'Storage tank on lands adj oining their home site would constitute a nuisance, impairing the value of'their property and amounting in law to a partial taking of their home, as;prohibited by G.S. 40-10; (2) that the erection of the proposed water tank in violation of the covenants restricting the use of all the property…