ROBERSON'S BEVERAGES, INC. v. CITY OF NEW BERN

No. 693SC519.

171 S.E.2d 4 (1969)

6 N.C. App. 632

ROBERSON'S BEVERAGES, INC., a corporation v. The CITY OF NEW BERN, a Municipal Corporation, and William S. Poole, the Building Inspector of the City of New Bern.

Court of Appeals of North Carolina.

Certiorari Denied February 3, 1970.


Attorney(s) appearing for the Case

Barden, Stith, McCotter & Sugg, by L. A. Stith and David S. Henderson, New Bern, for plaintiff appellee.

Ward & Ward by A. D. Ward, New Bern, for defendant appellants.


GRAHAM, Judge.

The plaintiff contends, for the first time in this court, that the zoning ordinance was invalid because the City failed to positively establish that a mistake had been made in the original ordinance adopted in 1953, or that the character of the neighborhood had changed, or that public safety, health, morals and general welfare required the change. These contentions differ substantially from the theory of plaintiff's case as it was tried below. There...

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