1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 89 S.E.2d
  5. 89 S.E.2d 406 (1955)
 

DAVIS v. CITY OF CHARLOTTE

No. 244.

89 S.E.2d 406 (1955)

242 N.C. 670

L. L. DAVIS, trading and doing business as Davis' Drive-In, Joseph Antoon and Raymond Kaleel, partners, trading and doing business as The Stork Drive-In, James Castanas and George Castanas, partners, trading and doing business as the Boar's Head Drive-In, J. S. Blackwelder, trading and doing business as Blackwelder's Barbecue, Lem Long, Jr., trading and doing business as Southside Drive-In Grill, Alonzo Mackins, trading and doing business as Oak's Grill, John P. Triantis, trading and doing business as Little White House Drive-In, L. E. Boyd and V. L. Towe, partners, trading and doing business as Plaza Grill, Lyndy's Grill, Inc., Chicken Box, Inc. v. The CITY OF CHARLOTTE, a municipal corporation, Frank N. Littiejohn, Chief of Police of the City of Charlotte, and Henry C. Severs, Chief Enforcement Officer of the ABC Board of Mecklenburg County.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

John D. Shaw, Charlotte, for defendant City of Charlotte.

BOBBITT, Justice.

Ordinarily, the validity of a municipal ordinance purporting to create a criminal offense may be challenged and tested only by way of defense to a criminal prosecution based thereon. Equity will not interfere by injunction to restrain the enforcement of such municipal ordinance on the ground of its alleged invalidity except when it is manifest that otherwise property rights or the rights of persons would suffer irreparable injury. Lanier v...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases