Savage v. City of Kinston

Supreme Court of North Carolina

Savage v. City of Kinston

78 S.E.2d 318, 238 N.C. 551, 1953 N.C. LEXIS 570

CourtSupreme Court of North Carolina

DecidedNovember 4, 1953

Docket381

StatusPublished

Cited by6 cases

This text of 78 S.E.2d 318 (Savage v. City of Kinston) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Savage v. City of Kinston, 78 S.E.2d 318, 238 N.C. 551, 1953 N.C. LEXIS 570 (N.C. 1953).

Pincite

Opinion

Per Curiam.

. The Court has been informed that the inspections directed to be made-by the judgment .entered below have been made by the proper inspectors of the City of Kinston; that the plumbing and electrical facilities in the building have been found to comply with the requirements of the Building and Plumbing Codes of the City of Kinston and G.S. 160-141, and that the City of Kinston is now furnishing to the plaintiffs the light and water service as demanded in their complaint. The City of Kinston having complied with the provisions of the judgment, the question as to whether or not the plaintiffs were entitled to the relief'sought and granted in the judgment entered below, becomes academic. Pickler v. Bd. of Education, 149 N.C. 221, 62 S.E. 902; Wallace v. Wilkesboro, 151 N.C. 614, 66 S.E. 657; Moore v. Monument Co., 166 N.C. 211, 81 S.E. 170; Allen v. Reidsville, 178 N.C. 513, 101 S.E. 267; Person v. Watts, 184 N.C. 499, 115 S.E. 336.

The City of Kinston, however, is not foreclosed of any remedy it may have with respect to .the violation of its Building Code or its Zoning Ordinance by reason of the manner in which the building in question had been reconstructed.

Appeal dismissed.

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Per Curiam.

. The Court has been informed that the inspections directed to be made-by the judgment .entered below have been made by the proper inspectors of the City of Kinston; that the plumbing and electrical facilities in the building have been found to comply with the requirements of the Building and Plumbing Codes of the City of Kinston and G.S. 160-141, and that the City of Kinston is now furnishing to the plaintiffs the light and water service as demanded in their complaint. The City of Kinston having complied with the provisions of the judgment, the question as to whether or not the plaintiffs were entitled to the relief'sought and granted in the judgment entered below, becomes academic. Pickler v. Bd. of Education, 149 N.C. 221, 62 S.E. 902; Wallace v. Wilkesboro, 151 N.C. 614, 66 S.E. 657; Moore v. Monument Co., 166 N.C. 211, 81 S.E. 170; Allen v. Reidsville, 178 N.C. 513, 101 S.E. 267; Person v. Watts, 184 N.C. 499, 115 S.E. 336.

The City of Kinston, however, is not foreclosed of any remedy it may have with respect to .the violation of its Building Code or its Zoning Ordinance by reason of the manner in which the building in question had been reconstructed.

Appeal dismissed.

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Bluebook (online)

78 S.E.2d 318, 238 N.C. 551, 1953 N.C. LEXIS 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savage-v-city-of-kinston-nc-1953.

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