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WILSON REALTY CO. v. CITY AND COUNTY PLANNING BOARD

No. 382.

92 S.E.2d 82 (1956)

243 N.C. 648

WILSON REALTY COMPANY, Inc. v. The CITY AND COUNTY PLANNING BOARD FOR THE CITY OF WINSTONSALEM AND FORSYTH COUNTY, B. Clyde Shore, J. Ernest Yarbrough, R. N. Marshall, Marshall C. Kurfees, Earl J. Slick, M. A. Hester, Kenneth E. Greenfield, W. B. Simpson, Charles E. Norfleet.

Supreme Court of North Carolina.

March 21, 1956.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston-Salem, for petitioner, appellant.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for respondents, appellees.

JOHNSON, Justice.

The petitioner in its petition does not challenge the validity or constitutionality of the enabling act under which the City and County Planning Board was established. Chapter 677, Session Laws of 1947. The cause of action alleged in the petition presupposes a legally constituted planning board, created under a valid act of the General Assembly, with power to make discretionary decisions within the framework of the enabling act. Therefore we lay...

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