City of Asheboro v. Auman

Court of Appeals of North Carolina

City of Asheboro v. Auman

214 S.E.2d 621, 26 N.C. App. 87, 1975 N.C. App. LEXIS 1982

CourtCourt of Appeals of North Carolina

DecidedMay 21, 1975

Docket7519SC194

StatusPublished

Cited by9 cases

This text of 214 S.E.2d 621 (City of Asheboro v. Auman) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Asheboro v. Auman, 214 S.E.2d 621, 26 N.C. App. 87, 1975 N.C. App. LEXIS 1982 (N.C. Ct. App. 1975).

Pincite

Opinion

VAUGHN, Judge.

Pre-trial stipulations establish the following. The ordinance was adopted pursuant to statute. On 1 May 1973, defendants purchased a two-bedroom used Embassy mobile home, a mobile home within the definition of the ordinance. Defendants thereafter moved the mobile home into an area forbidden by the zoning ordinance and have since occupied it as their residence. The wheels and tongue have since been removed and a foundation has been erected.

Notwithstanding defendants’ contention to the contrary, we hold that the mere removal of the wheels, tongue and the erection of a foundation did not raise a material issue of fact necessary to a determination of the case. Defendants’ original violation was effectively stipulated. We hold, as a matter of law, that the stipulated changes in the mobile home did not change the nature of the offending use of the property.

Defendants’ arguments that the court should have declared the ordinance unconstitutional are overruled.

The judgment from which defendants appeal is affirmed.

Affirmed.

Judges Britt and Parker concur.

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