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ALLRED v. CITY OF RALEIGH

No. 7010SC191.

173 S.E.2d 533 (1970)

7 N.C. App. 602

Clarence M. ALLRED et al., Plaintiffs, v. The CITY OF RALEIGH, North Carolina, Travis H. Tomlinson, Mayor and Member of the City Council of the City of Raleigh, North Carolina, and George B. Cherry, Seby B. Jones, William M. Law, Clarence E. Lightner, Alton L. Strickland, and William H. Worth, Members of the City Council of Raleigh, North Carolina, and Blue Ridge Gardens, Inc., Defendants, and Seby B. Jones, Mayor of the City of Raleigh, North Carolina, and Jesse O. Sanderson, Thomas W. Bradshaw, Jr., and Robert W. Shoffner, Members of the City Council of the City of Raleigh, North Carolina, Additional Defendants.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

John V. Hunter, III, Raleigh, for plaintiff appellants.

Donald L. Smith and Broxie J. Nelson, by Broxie J. Nelson, Raleigh, for defendant appellee, City of Raleigh.

Bailey, Dixon, Wooten & McDonald, by John N. Fountain, J. Ruffin Bailey and Wright T. Dixon, Jr., Raleigh, for defendant appellee, Blue Ridge Gardens, Inc.

GRAHAM, Judge.

Plaintiffs' primary contention is that the evidence conclusively establishes that the ordinance in question is invalid on the grounds that it is inconsistent with the comprehensive zoning plan of the City of Raleigh.

Through the provisions of Article 14 of Chapter 160 of the General Statutes, cities and towns of this State have been delegated the authority to zone property within their boundaries and to restrict to specified purposes the uses...

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