City of Elizabeth v. Aydlett
Cases that cite this one
4 later published cases cite this decision.
- City of Elizabeth v. Aydlett (N.C. 1931)
- North Carolina Board of Pharmacy v. Lane (N.C. 1958)
- Rose v. City of Andalusia (Ala. 1947)
- Town of Montclair v. Kip (New Jersey Court of Chancery 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 iiroceeding to restrain or abate *59 sucb unlawful erection, maintenance, occupancy or use, and to prevent any illegal act in connection therewith.
This differentiates the case from Elizabeth City v. Aydlett, 198 N. C., 585, 152 S. E., 681, and the trial court was in error in holding that plaintiff was precluded from testing the matter by injunction. 14 E. O. L., 379.
The validity of the ordinance is not involved on the present appeal. The appropriateness of the remedy selected by plaintiff is the only question presented for decision.
Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.