Messer v. Town of Chapel Hill

ARNOLD, Judge.

Plaintiff first argues that the choice of a site for a recreational area by the defendant that he did not agree with is equivalent to a taking of private property for a public purpose without just compensation in violation of the United States and North Carolina Constitutions. We disagree with this contention because the statute and the city ordinance under which the actions in this case were taken are valid.

A municipal ordinance is presumed to be valid with the burden on an attacking party to show its invalidity. 9 Strong’s N.C. Index 3d Municipal Corporations § 8 (1977).…