Legal Opinion

Perley v. North Carolina

Supreme Court of the United States

Decided April 21, 1919No. 251PublishedCited by 23 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA. The case is stated in the opinion. The statute is unconstitutional and void: (1) Because it is arbitrary and unreasonable, and the discrimination attempted has no reasonable relation to the object sought to be accomplished; because tree-tops, etc., lying on the land of the owner, 400 feet and less from the land of the City of Asheville, constituting its watershed, are absolutely'harmless; they contain no element. of…

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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA. The case is stated in the opinion. The statute is unconstitutional and void: (1) Because it is arbitrary and unreasonable, and the discrimination attempted has no reasonable relation to the object sought to be accomplished; because tree-tops, etc., lying on the land of the owner, 400 feet and less from the land of the City of Asheville, constituting its watershed, are absolutely'harmless; they contain no element. of injury or damage to anyone and could not by any possibility be construed into a nuisance. (2) Because municipalities in…

1Opinion of the CourtJustice McKenna

A statute of North Carolina provides that any person who owns'land'or standing timber on land within 400 feet of any watershed held or owned by any city or town for the purpose of furnishing the city or town water supply, upon cutting or removing the timber or permitting either, within 400 feet of the watershed, shall, within three months after cutting, or earlier upon written notice by the city or town, remove or cause to be burned tinder proper supervision all tree-tops, boughs, laps and other portions not desired to be taken for commercial or other purposes, within 400 feet of the boundary…

2Cases cited2 opinions

  1. Hebe Co. v. ShawSupreme Court of the United States · 1919
  2. Armour & Co. v. North DakotaSupreme Court of the United States · 1916

3Cited by23 opinions

  1. Block v. HirshSupreme Court of the United States · 1921
  2. Miller v. SchoeneSupreme Court of the United States · 1928
  3. Edgar A. Levy Leasing Co. v. SiegelSupreme Court of the United States · 1922
  4. Blaisdell v. Home Building & Loan Ass'nSupreme Court of Minnesota · 1933
  5. A. F. & G. Realty Corp. v. City of New York.Supreme Court of the United States · 1941

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