MESSER v. TOWN OF CHAPEL HILL

No. 8215SC103.

297 S.E.2d 632 (1982)

Roger D. MESSER v. The TOWN OF CHAPEL HILL, North Carolina, a Municipal Corporation; Joseph L. Nassif, Mayor of the Town of Chapel Hill; the Council of the Town of Chapel Hill and Its Members; Marilyn Boulton, Jonathan Howes, Beverly Kawalec, R.D. Smith, Bill Thorpe, Joseph Straley, Joseph A. Herzenberg and James C. Wallace.

Court of Appeals of North Carolina.

December 7, 1982.


Attorney(s) appearing for the Case

Lyman & Ash by Cletus P. Lyman, Philadelphia, Pa., and Moses & Murphy by Donald L. Murphy, Greensboro, for plaintiff-appellant.

Haywood, Denny & Miller by Michael W. Patrick, Chapel Hill, for defendants-appellees.


ARNOLD, Judge.

Plaintiff first argues that the choice of a site for a recreational area by the defendant that he did not agree with is equivalent to a taking of private property for a public purpose without just compensation in violation of the United States and North Carolina Constitutions. We disagree with this contention because the statute and the city ordinance under which the actions in this case were taken are valid.

A municipal ordinance is presumed...

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