Dudley v. City of Charlotte

The findings of fact made by the court below were based upon the written evidence offered, and we see no reason to disturb them. From these findings the conclusion’s of law reached by the court and the denial of plaintiffs’ motion for a restraining order logically followed.

The contention of plaintiffs that the maintenance of a large recreational park near the property on which they had built their homes would, under the circumstances, constitute a nuisance cannot be sustained. A public park established by lawful municipal authority cannot be held a nuisance per se (Public Laws 1923, ch. 83),…