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LITTLE PEP DELMONICO RESTAURANT v. CITY OF CHARLOTTE

No. 250.

113 S.E.2d 422 (1960)

252 N.C. 324

LITTLE PEP DELMONICO RESTAURANT, INC., on behalf of itself, and such other citizens and plaintiffs of Mecklenburg County, N. C., as affected by Ordinance No. 446 in City Code of Charlotte, N. C., and listed in Complaint, v. CITY OF CHARLOTTE, a Municipal Corporation.

Supreme Court of North Carolina.

April 6, 1960.

Attorney(s) appearing for the Case

John D. Shaw, Charlotte, for defendant appellant.

Plumides & Plumides, Charlotte, for plaintiff appellees.

RODMAN, Justice.

The question for decision is: Did the court err in granting injunctive relief pending a final determination of the validity of the ordinance, or must plaintiff and other interested parties await criminal prosecution to test its validity? The court found the action was instituted on behalf of 100 merchants in Charlotte who had erected signs in conformity with permits issued by the City as authorized by an ordinance in effect prior to the adoption of...

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