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STROUPE v. ELLER

No. 93.

138 S.E.2d 240 (1964)

262 N.C. 573

Nell STROUPE, President, and Frances K. McLaren, Secretary, of the Asheville and Buncombe County Branch of The Pure Water Association v. Earl ELLER, Frank Mulvaney, Clarence Morgan, Theodore B. Sumner, William Algary, Walter McRary, and Ralph Morris, Individually and as Members of the Asheville City Council, and J. Weldon Weir, Individually and as City Manager of Asheville, North Carolina, and The City of Asheville, North Carolina, a Municipal Corporation.

Supreme Court of North Carolina.

October 14, 1964.

Attorney(s) appearing for the Case

Horton & Horton, by Shelby E. Horton, Jr., Asheville, for plaintiff appellees.

O. E. Starnes, Jr., Asheville, for defendant appellants.

HIGGINS, Justice.

According to the stipulations of the parties and the findings of the court, the advantages and disadvantages of fluoridating the city water supply are controversial. The question, therefore, becomes one of policy for the decision of the City Council rather than one of law for the courts. DeAryan v. Butler, 119 Cal.App.2d 674, 260 P.2d 98; West Coast Hotel Co. v. Parrish...

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