Legal Opinion

Gulf Refining Co. v. McKernan

Supreme Court of North Carolina

Decided September 17, 1919PublishedCited by 3 opinions

ActioN tried before Connor, J., at July Term, 1919, of Lee. This was au application for a mandamus to compel tbe chief of tbe fire department and ex oficio building inspector of Sanford to issue a permit for tbe erection of an oil or gasoline distributing plant in tbe said town, at tbe corner of tbe Southern Railway right of way and Washington Street, a fully itemized description of which accompanied tbe plaintiff’s written application.

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ActioN tried before Connor, J., at July Term, 1919, of Lee. This was au application for a mandamus to compel tbe chief of tbe fire department and ex oficio building inspector of Sanford to issue a permit for tbe erection of an oil or gasoline distributing plant in tbe said town, at tbe corner of tbe Southern Railway right of way and Washington Street, a fully itemized description of which accompanied tbe plaintiff’s written application. In bis answer tbe defendant, among certain denials of tbe complaint and other matters alleged in defense, says: 1. That as tbe defendant is advised and…

1Opinion of the Court

Walker, J.,

after stating the facts: We deem it impossible, or at least inadvisable, to decide upon the merits of this case and to render such a judgment as will finally settle it without a finding of the facts with reference to the three ordinances, and especially as to whether the proposed structures if placed upon the lot in Sanford, which has been described, will violate the provisions of the said ordinances, or any one of them, and if so, wbieb one of them. We therefore remand the case with instructions to find the facts as indicated above, to the end that the case may be fully considered.

2Cases cited3 opinions

  1. Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
  2. Holley v. . HolleySupreme Court of North Carolina · 1887
  3. Gatewood v. . BurnsSupreme Court of North Carolina · 1888

3Cited by3 opinions

  1. Raleigh Banking & Trust Co. v. Safety Transit LinesSupreme Court of North Carolina · 1931
  2. Memorial Hospital v. Rockingham CountySupreme Court of North Carolina · 1937
  3. North Carolina State Bar v. RushCourt of Appeals of North Carolina · 1996

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