Davis v. City of Charlotte

Ordinarily, the validity of a municipal ordinance purporting to create a criminal offense may be challenged and tested only by way of defense to a criminal prosecution based thereon. Equity will not interfere by injunction to restrain the enforcement of such municipal ordinance on the ground of its alleged invalidity except when it is manifest that otherwise property rights or the rights of persons would suffer irreparable injury. Lanier v. Warsaw, 226 N.C. 637, 39 S.E. 2d 817; Loose-Wiles Biscuit Co. v. Sanford, 200 N.C. 467, 157 S.E. 432. The court below, upon the facts found, concluded…