Legal Opinion

Kass v. . Hedgpeth

Supreme Court of North Carolina

Decided May 22, 1946PublishedCited by 11 opinions

1Opinion of the CourtDevin, J.

The findings of fact made by the judge below were in accord with the evidence presented and we are not disposed to disturb them, but we do not reach the conclusion therefrom that the restraining order should have been continued to the hearing.

It was properly found that neither the original zoning ordinance, which did not include defendant’s land within the area prohibited for business structures, nor the amendment thereto which purported to do so, was adopted in accordance with the enabling provisions of G. S., 160-175 and 160-176, and that these ordinances were therefore invalid and…

2Cases cited4 opinions

  1. M. H. Rhodes, Inc. v. City of RaleighSupreme Court of North Carolina · 1940
  2. Shuford v. Town of WaynesvilleSupreme Court of North Carolina · 1938
  3. Eldridge v. . MangumSupreme Court of North Carolina · 1939
  4. State v. . DannenbergSupreme Court of North Carolina · 1909

3Cited by11 opinions

  1. Heaton v. City of CharlotteSupreme Court of North Carolina · 1971
  2. Livingston v. DavisSupreme Court of Iowa · 1951
  3. State v. ScogginSupreme Court of North Carolina · 1952
  4. Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
  5. Dale Ex Rel. Dale v. City of MorgantonSupreme Court of North Carolina · 1967

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