CITY OF HICKORY v. CATAWBA VALLEY MACHINERY CO.

No. 7725DC1036.

249 S.E.2d 851 (1978)

39 N.C. App. 236

CITY OF HICKORY v. CATAWBA VALLEY MACHINERY COMPANY.

Court of Appeals of North Carolina.

December 19, 1978.


Attorney(s) appearing for the Case

Tate, Young & Morphis, by E. Murray Tate, Jr., Hickory, for plaintiff.

Rudisill & Brackett, by J. Steven Brackett, Hickory, for defendant.


BROCK, Chief Judge.

The City of Hickory instituted this action to require defendant to remove a canopy which allegedly violated the City's zoning ordinance. Prior to trial the parties stipulated: That defendant's property is zoned "general business"; that such zoning prohibits extensions of canopies or other structures into the "front yard", the space between the main building and the street or highway; that when the zoning ordinance was adopted in January 1967 defendant...

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