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GARREN v. CITY OF WINSTON-SALEM, NORTH CAROLINA

No. 14562.

439 F.2d 140 (1971)

Donald L. GARREN and James A. Eddinger, Appellants, v. CITY OF WINSTON-SALEM, NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1971.

Attorney(s) appearing for the Case

Renn Drum, Drum, Liner & Redden, Winston-Salem, N. C. (Norman B. Smith, Smith & Patterson, Greensboro, N. C., on the brief) for appellants.

William F. Womble and John L. W. Garrou, Winston-Salem, N. C. (of counsel: Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, MURRAH, Senior Circuit Judge, and CRAVEN, Circuit Judge.

MURRAH, Senior Circuit Judge.

The decision of Winston-Salem to locate a sanitary landfill (also referred to as a garbage dump) in proximity to plaintiffs' property resulted in this suit for declaratory and injunctive relief which the trial court denied. The undisputed facts are that the Board of Aldermen of Winston-Salem, acting on the recommendation of the City-County Planning Board, rezoned eighty-five acres of city land located outside its territorial limits from...

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