YANCEY v. HEAFNER

No. 204.

150 S.E.2d 440 (1966)

268 N.C. 263

W. Harrelson YANCEY, John C. Bodansky, Roy E. Craft, Maxie Brunnemer, Betty F. Herman, Heber K. Brunnemer, Bertha P. Parker, Leslie O. McCollum, Otis L. Peach, Charles P. Lytton and John R. Falls, Petitioners, v. Ronald M. HEAFNER, Chief Building Inspector, and W. R. Huskins, W. D. Lawson III, Dan Craig, C. P. Falls and C. P. Nanney, Members of the Board of Adjustment for the City of Gastonia, Respondents.

Supreme Court of North Carolina.

October 12, 1966.


Attorney(s) appearing for the Case

Frank P. Cooke, Gastonia, for petitioners appellants.

Garland & Alala, by James B. Garland, Gastonia, Gaston, Smith & Gaston, by Willis C. Smith, Belmont, for respondents appellees.


PLESS, Justice.

The plaintiffs concede that education not only includes improvement of the mind but also improvement of physical faculties of students. The use of an athletic playing field in our modern day educational system has become an integral part of the school curriculum. In fact, we can find no authority which holds that athletic facilities, including stadia, are forbidden in zones where schools are permitted.

"The proposed condemnation of certain...

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