State v. . Whitlock
Supreme Court of North Carolina
ActioN tried before Peebles, J., and a jury, April Term, 1908, of Buncombe, on appeal from police court. From judgment rendered defendant appealed to tbe Supreme Court.
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ActioN tried before Peebles, J., and a jury, April Term, 1908, of Buncombe, on appeal from police court. From judgment rendered defendant appealed to tbe Supreme Court. Tbe defendant was charged before the police court of Asheville with a violation of the billboard ordinance of that city, as follows: “Section 1. That all billboards now in use in tbe city of Asheville or which may hereafter be used in said city, shall be securely placed and kept at a distance of at least two feet more, than the height of said billboard from the outer edge of the sidewalk of the street. “Section 2. That any…
1Opinion of the CourtBbowN, J.
Without going, into that feature of tbe case, we are of opinion that.tbe charter of the city of Asheville confers ample power upon the municipal authorities to regulate generally the construction arid use of billboards within its limits. And it follows, that unless the ordinance in question is an unreasonable and unnecessary restriction of the right of the land owner to erect structures upon his land, it must be sustained as a proper exercise of the police power of the State.
Aesthetic considerations will not warrant its adoption, but those only which have for their object the safety and…
2Cases cited10 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- City of Rochester v. . WestNew York Court of Appeals · 1900
- Bryan v. City of ChesterSupreme Court of Pennsylvania · 1905
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Bostock v. SamsCourt of Appeals of Maryland · 1902
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3Cited by32 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- A-S-P Associates v. City of RaleighSupreme Court of North Carolina · 1979
- Murphy, Inc. v. Town of WestportSupreme Court of Connecticut · 1944
- St. Louis Gunning Advertising Co. v. City of St. LouisSupreme Court of Missouri · 1911
- State ex rel. Lachtman v. HoughtonSupreme Court of Minnesota · 1916
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