Bizzell Ex Rel. Bizzell v. Board of Aldermen

Stacy, Q. J.,

dissenting: Tbe ordinances in question are assailed upon tbe ground tbat they provide no standard or uniform rule whereby tbe discretion vested in tbe board of aldermen, to issue or to withhold permits for tbe erection and operation of gasoline filling or gasoline storage stations in tbe city of Goldsboro, may be exercised according to some fixed regulation, known and established, and applicable to all alike. Tbe attack was upheld by tbe trial court, and tbis is affirmed, for tbe reason stated, principally on authority of S. v. Tenant, 110 N. C., 609.

It is established by tbe…