WALKER v. TOWN OF ELKIN

No. 671.

118 S.E.2d 1 (1961)

254 N.C. 85

Lonnie F. WALKER and wife, Disa H. Walker, v. TOWN OF ELKIN and Duke Power Company.

Supreme Court of North Carolina.

February 3, 1961.


Attorney(s) appearing for the Case

Deal, Hutchins and Minor, Winston-Salem, for plaintiff appellants.

R. Lewis Alexander, Elkin, Carl Horn, Jr., William I. Ward, Wendell R. Wilmoth, Charlotte, Allen, Henderson & Williams, Elkin, for defendant appellees.


RODMAN, Justice.

This appeal presents two questions: (1) Was the ordinance of 1958 permitting the maintenance of public utility storage or service yards in Neighborhood Business zones void for failure to give notice of the proposed change as required by G.S. § 160-175?

The statute is explicit. Notice with an opportunity to be heard must be given before the zoning ordinance can be modified. An ordinance adopted without notice as required by the statute...

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