FOX v. BOARD OF COMMISSIONERS OF COUNTY OF DURHAM

No. 667.

94 S.E.2d 482 (1956)

244 N.C. 497

Herbert J. FOX and wife, Frances Hill Fox, Howard W. Gamble and wife, Paul D. Gamble, Isaac H. Terry, Jr., J. M. Hagy, John B. Nichols and Jule S. Coley, for and on behalf of themselves and other residents and taxpayers of Durham County, v. The BOARD OF COMMISSIONERS for the COUNTY OF DURHAM, S. LeRoy Proctor, George F. Kirkland, Edwin B. Clements, Frank H. Kenan and Dewey S. Scarboro.

Supreme Court of North Carolina.

September 26, 1956.


Attorney(s) appearing for the Case

E. C. Brooks, Jr., and Gantt, Gantt & Markham, Durham, for plaintiffs, appellants.

Reade, Fuller, Newsom & Graham, Durham, for defendants, appellees,


BOBBITT, Justice.

The court below adjudged: (1) that the Act is constitutional and valid in its entirety; and (2) that the zoning ordinance is in all respects valid except as to the quoted definition of "agricultural" and farming purposes." The questions stated and argued in appellants' brief relate solely to the constitutionality of the Act.

True, the quoted portion of the zoning ordinance adjudged void by the court below was challenged as violative of the...

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