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HARRELSON v. CITY OF FAYETTEVILLE

No. 695.

155 S.E.2d 749 (1967)

271 N.C. 87

Rosa Worley HARRELSON and C. O. Harrelson, d/b/a Mrs. R. L. Harrelson & Company v. CITY OF FAYETTEVILLE.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Quillin, Russ, Worth & McLeod, Fayetteville, for plaintiff appellees.

Harry B. Stein and Tally, Tally & Lewis, Fayetteville, for defendant appellant.

BOBBITT, Justice.

The proposed franchise ordinance was adjudged void solely on the ground "it exceeds the authority of the City of Fayetteville, either express or implied." This is the ground on which it was attacked by plaintiffs. It was not challenged as unconstitutional in any respect.

The City Council has not adopted any franchise ordinance. In the resolution adopted December 29, 1966, it set forth its finding "that there is a real need for, and...

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