Legal Opinion

City of New Bern v. Walker

Supreme Court of North Carolina

Decided September 20, 1961No. 105PublishedCited by 4 opinions

1Per curiam

In effect, defendants contend that they are entitled, as a matter of right, to continue and maintain their commercial garage business in statu quo pending the determination of the validity of the zoning ordinance, upon making bond in an amount to be fixed by the Superior Court.

“... G.S. 160-179 expressly authorizes the use of the injunctive power of the court to enjoin violations of zoning ordinances.” Raleigh v. Morand, 247 N.C. 363, 366, 100 S.E. 2d 870. “There can be no doubt that this statute authorizes the present proceeding; and it may be found to enlarge the scope of the ordinary…

2Cases cited3 opinions

  1. City of Raleigh v. MorandSupreme Court of North Carolina · 1957
  2. City of Fayetteville v. Spur Distributing Co.Supreme Court of North Carolina · 1939
  3. Seaboard Air Line Railway v. HortonSupreme Court of North Carolina · 1918

3Cited by4 opinions

  1. Craver v. CraverSupreme Court of North Carolina · 1979
  2. Herff Jones Co. v. AllegoodCourt of Appeals of North Carolina · 1978
  3. Herff Jones Co. v. AllegoodCourt of Appeals of North Carolina · 1978
  4. Stein v. HallCourt of Appeals of North Carolina · 2026

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