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WALKER v. CITY OF CHARLOTTE

No. 273.

150 S.E.2d 493 (1966)

268 N.C. 345

Rev. James R. WALKER, Jr. v. CITY OF CHARLOTTE and William H. Jamison, Superintendent of Building Inspection of the City of Charlotte.

Supreme Court of North Carolina.

October 19, 1966.

Attorney(s) appearing for the Case

James R. Walker, Jr., Statesville, for plaintiff appellant.

J. W. Kiser, Henry W. Underhill, Jr., Charlotte, for defendants appellees.

PLESS, Justice.

Where a justiciable controversy is alleged—as is the case here—the authorities are unanimous that demurrer does not lie in a case brought under G.S. §§ 1-253-1-267, the Declaratory Judgment Act. With her usual thoroughness, Sharp, J., speaking for this Court in Nationwide Mutual Ins. Co. v. Roberts, 261 N.C. 285, 134 S.E.2d 654, deals with this subject. In that...

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