Legal Opinion

Currituck County v. Willey

Court of Appeals of North Carolina

Decided May 20, 1980No. 791DC1078PublishedCited by 7 opinions

1Opinion of the Court

HILL, Judge.

The issue we must decide on appeal is whether the ordinance barring mobile homes, such as defendant’s with dimensions of less than 24' x 60', must be struck down as violative of the equal pro tection clause of the Fourteenth Amendment to the United States Constitution, or Article I, § 19 of the North Carolina Constitution. We find no violation.

‘A municipal ordinance is presumed to be valid, and the burden is upon the complaining party to show its invalidity or inapplicability. And a municipal ordinance promulgated in the exercise of the police power will not be declared…

2Cases cited4 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. City of Asheboro v. AumanCourt of Appeals of North Carolina · 1975
  3. Town of Conover v. JollySupreme Court of North Carolina · 1970
  4. State v. MartinCourt of Appeals of North Carolina · 1969

3Cited by7 opinions

  1. City of Brookside Village v. ComeauTexas Supreme Court · 1982
  2. McNeill v. Harnett CountySupreme Court of North Carolina · 1990
  3. Treants Enterprises, Inc. v. Onslow CountyCourt of Appeals of North Carolina · 1986
  4. Duggins v. Town of Walnut CoveCourt of Appeals of North Carolina · 1983
  5. In re WilliamsonCourt of Appeals of North Carolina · 2002

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API