STATE v. JONES

No. 8028SC1190.

281 S.E.2d 91 (1981)

STATE of North Carolina v. Mack H. JONES.

Court of Appeals of North Carolina.

August 18, 1981.


Attorney(s) appearing for the Case

County Atty. Floyd D. Brock and Asst. County Atty., Stanford K. Clontz, Asheville, for Buncombe County.

Penland & Barden by Stephen L. Barden, III and Talmadge Penland, Asheville, for defendant-appellee.


WEBB, Judge.

The appellee contends the superior court must be affirmed for two reasons. He argues first that the ordinance is unconstitutionally vague and second, that the ordinance violates his substantive due process rights by attempting to regulate for aesthetic values only.

We consider first the question of vagueness. An ordinance "which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess...

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