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RESPONSIBLE CITIZENS v. CITY OF ASHEVILLE

No. 545PA82.

302 S.E.2d 204 (1983)

RESPONSIBLE CITIZENS IN OPPOSITION TO the FLOOD PLAIN ORDINANCE, et al. v. The CITY OF ASHEVILLE, A Municipal Corporation.

Supreme Court of North Carolina.

May 3, 1983.

Attorney(s) appearing for the Case

Jack W. Westall, Jr., Asheville, for plaintiffs-appellants.

Bennett, Kelly & Cagle, P.A. by Harold K. Bennett, Asheville, for defendant-appellee.

MEYER, Justice.

The primary issue here is whether a city ordinance setting forth land-use regulations on property designated a flood hazard area constitutes an unlawful exercise of the police power because it effects a "taking" of the property without just compensation in violation of the North Carolina Constitution or the United States Constitution. In addition, we determine whether such an ordinance violates the equal protection provisions of the federal and state...

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