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ALLRED v. CITY OF RALEIGH

No. 11.

178 S.E.2d 432 (1971)

277 N.C. 530

Clarence M. ALLRED et al., Plaintiffs, v. The CITY OF RALEIGH, North Carolina, Travis H. Tomlinson, Mayor and Member of the City Council of the City of Raleigh, North Carolina, and George B. Cherry, Seby B. Jones, William M. Law, Clarence E. Lightner, Alton L. Strickland, and William H. Worth, Members of the City Council of Raleigh, North Carolina, and Blue Ridge Gardens, Inc., Defendants, Seby B. Jones, Mayor of the City of Raleigh, North Carolina, and Jesse O. Sanderson, Thomas W. Bradshaw, Jr., and Robert W. Shoffner, Members of the City Council of the City of Raleigh, North Carolina, Additional Defendants.

Supreme Court of North Carolina.

January 20, 1971.

Attorney(s) appearing for the Case

John V. Hunter, III, Raleigh, for plaintiff appellants.

Donald L. Smith and Broxie J. Nelson, Raleigh, for defendant appellee City of Raleigh.

Bailey, Dixon, Wooten & McDonald by J. Ruffin Bailey, Wright F. Dixon, Jr., and John N. Fountain, Raleigh, for defendant appellee Blue Ridge Gardens, Inc.

BOBBITT, Chief Justice.

Plaintiffs alleged no procedural irregularity in the adoption of the Ordinance. They attack it, inter alia, on the ground it exceeds and conflicts with the authority conferred by the enabling legislation.

A duly adopted rezoning ordinance is presumed to be valid. Controversies in respect of facts pertinent to its validity present questions of fact for determination by the superior court judge. Zopfi v. City of Wilmington,

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