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GRAHAM v. CITY OF RALEIGH

No. 8110SC616.

284 S.E.2d 742 (1981)

John GRAHAM, Hill Powell, A. L. Goodwin, and Mark Holzapfel v. The CITY OF RALEIGH, Mamie T. Stevens, Charles A. Stevens, John D. Lyon, Barbara H. Lyon, and Max O. Barbour.

Court of Appeals of North Carolina.

December 15, 1981.

Attorney(s) appearing for the Case

Skvarla, Boles, Wyrick & From by Samuel T. Wyrick, III, and Robert A. Ponton, Jr., Raleigh, for plaintiffs.

Poyner, Geraghty, Hartsfield & Townsend by David W. Long and Lacy H. Reaves; Hunter, Wharton & Howell by

John V. Hunter, III, Raleigh, for defendants Stevens & Barbour.

Thomas A. McCormick, Jr., Raleigh, for defendant City of Raleigh.

Rich & Warren by John M. Rich, Wake Forest, for defendants Lyon.

ROBERT M. MARTIN, Judge.

This case involves a declaratory judgment action brought by the plaintiffs to determine the validity of Raleigh City Zoning Ordinance 80 551 ZC 73. It is settled law in North Carolina that such a zoning suit is a proper case for a declaratory judgment, and also that, in such a case, summary judgment may be entered when otherwise proper, upon motion of either plaintiff or defendant. Blades v. City of Raleigh, 280 N.C....

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