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STUTTS v. SWAIM

No. 7519SC784.

228 S.E.2d 750 (1976)

30 N.C. App. 611

Harold STUTTS and wife, Violet S. Stutts et al. v. Thomas Eugene SWAIM and wife, Marketia Beane Swaim, the City of Randleman, a municipal corporation, and Phil Pendry, Superintendent of Building Inspections for the City of Randleman.

Court of Appeals of North Carolina.

Certiorari Denied November 4, 1976.

Attorney(s) appearing for the Case

Ottway Burton and Millicent Gibson, Asheboro, for plaintiffs-appellees.

Moser & Moser, P. A. by D. Wescott Moser, Asheboro, for defendants-appellants Swaim.

Bell & Ogburn, P. A. by John N. Ogburn, Jr., Asheboro, for defendants-appellants The City of Randleman and Phil Pendry.

Certiorari Denied by Supreme Court November 4, 1976.

BRITT, Judge.

The validity of the comprehensive zoning ordinance adopted by defendant city on 9 May 1967 is not challenged by any party to this action. Two major questions are raised by the pleadings: (1) the validity of the 12 November 1968 rezoning ordinance, and (2) laches on the part of plaintiffs. We will discuss the questions in that order.

The burden was on plaintiffs to show that the 12 November...

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