TOWN OF KNIGHTDALE v. VAUGHN

No. 8810SC982.

383 S.E.2d 460 (1989)

TOWN OF KNIGHTDALE, Plaintiff, v. Paul Alton VAUGHN, Defendant.

Court of Appeals of North Carolina.

September 19, 1989.


Attorney(s) appearing for the Case

Kirk, Gay, Kirk, Gwynn & Howell by Joseph T. Howell and Donna S. Stroud, Wendell, for plaintiff-appellee.

Burns, Day & Presnell, P.A. by Lacy M. Presnell, III, and Daniel C. Higgins, Raleigh, for defendant-appellant.


COZORT, Judge.

Defendant appeals the trial court's issuance of a preliminary injunction enjoining defendant from operating a used car lot in violation of plaintiff's zoning ordinance. We hold that plaintiff failed to make the required showing of irreparable harm under N.C.Gen.Stat. § 1A-1, Rule 65. We therefore vacate the trial court's order.

Plaintiff instituted an action on 28 April 1988 alleging that defendant was operating a used car lot in violation...

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