DUGGINS v. TOWN OF WALNUT COVE

No. 8217SC544.

306 S.E.2d 186 (1983)

P.D. Hanes DUGGINS and Wife Lucy Taylor Duggins v. TOWN OF WALNUT COVE.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

Michael B. Brough, Carrboro, for plaintiffs-appellants.

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for defendant-appellee.

Jordan, Brown, Price & Wall by R. Frank Gray, Raleigh, for amicus curiae North Carolina Manufactured Housing Institute.


WEBB, Judge.

In their first argument, plaintiffs contend that defendant's attempt to "zone out" mobile homes as defined in the ordinance exceeds defendant town's statutory authority both because the zoning enabling act does not authorize defendant to regulate the types of structures used for single-family residential purposes and because defendant's ordinance constitutes a back door attempt to intrude into a field preempted by state and federal law. We disagree.<...

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