City of Winston-Salem v. Hoots Concrete Co.

VAUGHN, Judge.

Defendant contends the issues as submitted were not broad enough to embrace all the relevant evidence and questions involved. It further contends it was improper to submit the first and second issues because those issues were not controverted in the pleadings, were unnecessary and were confusing to the jury. Defendant submitted three alternative issues that essentially required the jury to decide whether defendant’s operation was in violation of the zoning ordinance. This was not a determination for the jury. The determination of whether a specific use of a piece of property…