Elawyers Elawyers
Washington| Change

O'Connor Constructio v. City Boiling Springs, 96-1139 (1996)

Court: Court of Appeals for the Fourth Circuit Number: 96-1139 Visitors: 4
Filed: Nov. 21, 1996
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-1139 O'CONNOR CONSTRUCTION COMPANY; NATIONWIDE HOMES, INCORPORATED, Plaintiffs - Appellants, versus CITY OF BOILING SPRING LAKES; JACK PHILLIPS, individually and as Agent for City of Boiling Spring Lakes, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Chief District Judge. (CA-95-84-7-F) Argued: October 29, 1996 Decided: November
More
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-1139 O'CONNOR CONSTRUCTION COMPANY; NATIONWIDE HOMES, INCORPORATED, Plaintiffs - Appellants, versus CITY OF BOILING SPRING LAKES; JACK PHILLIPS, individually and as Agent for City of Boiling Spring Lakes, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Chief District Judge. (CA-95-84-7-F) Argued: October 29, 1996 Decided: November 21, 1996 Before HALL and LUTTIG, Circuit Judges, and BULLOCK, Chief United States District Judge for the Middle District of North Carolina, sitting by designation. Affirmed by unpublished per curiam opinion. ARGUED: Eugene Bedford Cannon, MASSEY, CANNON & SMITH, Statesville, North Carolina, for Appellants. John Reeves Sloan, WARD & SMITH, P.A., Wilmington, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: O'Connor Construction Company and Nationwide Homes, Inc., ap- peal an order of the district court dismissing, under Fed. R. Civ. P. 12(b)(6), their civil rights suit against the City of Boiling Spring Lakes, North Carolina. The complaint asserted that a city zoning ordinance that prohibits the construction of mobile or modular homes on parcels within the "R-1" residential zoning district deprives the plaintiffs of equal protection of the law. Having considered the briefs and heard the arguments of the par- ties, we affirm the judgment of the district court for the reasons stated in its memorandum opinion. O'Connor Construction Co. v. City of Boiling Spring Lakes, No. 7:95-CV-84-F3 (E.D.N.C. Jan. 3, 1996). AFFIRMED 2
Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer