BLAND v. CITY OF WILMINGTON

No. 63.

180 S.E.2d 813 (1971)

Jack T. BLAND et al. v. CITY OF WILMINGTON, North Carolina, et al.

Supreme Court of North Carolina.

May 12, 1971.


Attorney(s) appearing for the Case

James L. Nelson, Wilmington, for plaintiff appellants.

Yow & Yow, Wilmington, for defendant appellees.

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Ralph Moody, amicus curiae.


SHARP, Justice:

Plaintiffs' assignments of error raise two questions: (1) Have plaintiffs stated a controversy justiciable under the Declaratory Judgment Act? (2) If so, may the City of Wilmington require its firemen to reside within the city limits?

The Declaratory Judgment Act permits any person affected by a statute or municipal ordinance to obtain a declaration of his rights thereunder. G.S. § 1-254. Courts...

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