Town of Mount Olive v. Price

CAMPBELL, Judge.

The defendant has appealed on the grounds that there was no evidence to support the finding by the trial court on 29 January 1973 and 7 May 1973 that the defendant was in violation of a zoning ordinance. The gist of his argument is that there was no violation of the ordinance because there was no valid zoning ordinance at the time in question. However, a zoning ordinance is presumed to be valid and the burden is on the party alleging invalidity to prove that the ordinance is unreasonable and arbitrary. Orange County v. Heath, 278 N.C. 688, 180 S.E. 2d 810 (1971); Gastonia v.…