City v. Aydlett

• Decision Date: 19 December 1930
• Docket Number: No. 11.,11.
• Citation: 200 N.C. 68,156 S.E. 163
• Court: North Carolina Supreme Court
• Parties: ELIZABETH CITY. v. AYDLETT.

156 S.E. 163

(200 N. C. 68)

ELIZABETH CITY.

v.AYDLETT.

No. 11.

Supreme Court of North Carolina.

Dec. 19, 1930.

Appeal from Superior Court, Pasquotank County; Cranmer, Judge.

Action by Elizabeth City against A. L. Aydlett. Judgment for defendant, and plaintiff appeals.

Error.

Civil action to restrain the defendant from completing a gasoline filling or gasoline storage station and from operating same iu violation of a zoning ordinance, adopted pursuant to chapter'250, Public Laws 1923.

From a judgment dissolving the temporary restraining order on the ground that indictment, and not injunction, is the only available remedy, plaintiff appeals, assigning error.

J. B. Leigh and Thompson & Wilson, all of Elizabeth City, for appellant

M. B. Simpson and McMullan & Le Roy, all of Elizabeth City, for appellee.

STACY, C. J.

Section 8 of chapter 250, Public Laws 1923, provides that, in case any building or structure is erected or maintained in violation of any ordinance or regulation adopted in pursuance thereof, the proper authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceeding to restrain or abate such unlawful erection, maintenance, occupancy, or use, and to prevent any illegal act in connection therewith.

This...