State v. Walker, 42-311

• Decision Date: 20 October 1965
• Docket Number: No. 42-311,No. 259,42-311,259
• Citation: 144 S.E.2d 419,265 N.C. 482
• Parties: STATE of North Carolina and City of Charlotte v. James R. WALKER ().
• Court: North Carolina Supreme Court

Page 419

144 S.E.2d 419

265 N.C. 482

STATE of North Carolina and City of Charlotte v. James R. WALKER (No. 42-311).

No. 259.

Supreme Court of North Carolina.

Oct. 20, 1965.

T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for the State.

Mitchell & Murphy, Raleigh, Thomas H. Wyche, Charlotte, James R. Walker, Jr., Weldon, for defendant appellant.

HIGGINS, Justice.

The defendant bases his appeal on two assignments of error: (1) The failure of the court to quash the warrant. (2) The failure to direct a verdict of not guilty. Both assignments are grounded on his challenge to the constitutionality of Section 5-4(c) of the Charlotte Building Code, and G.S. § 14-4 which makes violation of the Code a misdemeanor.

The defendant, in his brief, says: 'The facts of this case are simple and not in dispute. * * * All of the repairs to the defendant's dwelling took place after a break-down in negotiations between the City officials and the defendant over the requirements of the Code. * * * (We) could not reach any agreement as to the rights and duties of the Inspection Division under the City Code and the right of the defendant to the use and benefit of his dwelling. * * * The defendant appellant contends and argues on this appeal that the property owner and not the City of Charlotte has a vested property right to repairs in connection with the use and enjoyment of his dwelling.'

This case is unusual in that neither the City's ordinance requiring a permit for repairs nor the State law which authorizes them and makes the violation of the ordinance a misdemeanor is challenged on the ground that the requirements are arbitrary, capricious, discriminatory, or invalid for any other reason except the lack of authority on the part of the City and of the Legislature to ordain and to enact them. The General Assembly, by G.S. § 160-182, specifically authorizes any municipality to exercise its police power to repair, close, or demolish buildings if the municipality finds dwellings are unfit for habitation due to dilapidation, defects increasing the hazards of fire * * * rendering such dwellings unsafe or insanitary, detrimental to health, safety or morals. The City ordinance here involved is fully authorized by State law and is a proper exercise of police power.

'Municipal corporations may, in the proper exercise of their police power, require that permits or certificates be obtained as a prerequisite to the erection, alteration, improvement, or use of buildings or other property in a particular manner or in a particular area; and such provisions will generally be upheld...