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380 COURT OF APPEALS P o
City of Brevard v. Ritter
plated divorce action may well have been the very grounds she
now seeks to assert by way of her defense and cross action. De-fendant
agreed to accept alimony for the time stated but did not
agree to relinquish her right to additional alimony or any other
right arising out of the marriage except "she will have no
further interest in the businesses or properties owned by the
Party of the Second Part." The agreement appears to be a
property settlement and not a separation agreement which, un-der
appropriate circumstances, might be used as a defense
against the matters raised in defendant's responsive pleading.
Reversed.
Judges CAMPBELaLn d HEDRICKc ancur.
CITY OF BREVARD, A MUNICIPALC ORPORATIONAN, D L. C. CASE,
BUILDINGI NSPECTORO F THE CITY OF BREVARDV. JOHN F. RITTER,
FRANKIE M. WAGONER, INDIVIDUALLAYN D AS ADMINISTRATRIX
OF THE ESTATE OF LEWIS MOORE, LOIS ROBINSON, FERRELL
MOORE, EUNA ANN CANTRELL AND CHARLES MORGAN COM-PANY,
A CORPORATION
No. 7329SC387
(Filed 9 January 1974)
Contempt of Court § 6; Municipal Corporations 8 30; Trial 8 6-enlarge-ment
of airport facilities - order to remove construction - stipulations
showing violation
Where defendants purchased a private airport located in an area
zoned for residential use, began construction on an addition to the
airport facilities, were permanently restrained from constructing a
pilot lounge and clubhouse and auxiliary hangar or extending or en-larging
the airport facilities, and were required to remove that portion
of construction already completed within 90 days, stipulations by de-fendants
that the portion of the construction was not removed but
was altered so as to include bedrooms, a kitchen and bathrooms were
sufficient to show that defendants failed to comply with the order of
the trial court to remove the offending structure which constituted
an extension of the nonconforming use.
APPEAL by plaintiffs from an order of Ervin, Judge, en-tered
31 December 1972 out of term and out of district.
Prior to December 1971, defendant Ritter secured an option
to purchase land upon which was located a private airport con-
Object Description
| Title | North Carolina Court of Appeals Reports [v.020, November 28, 1973 - February 20, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 20, November 28, 1973 - February 20, 1974. Cited as 20 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 34.5 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_020.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 408 |
| Full Text | 380 COURT OF APPEALS P o City of Brevard v. Ritter plated divorce action may well have been the very grounds she now seeks to assert by way of her defense and cross action. De-fendant agreed to accept alimony for the time stated but did not agree to relinquish her right to additional alimony or any other right arising out of the marriage except "she will have no further interest in the businesses or properties owned by the Party of the Second Part." The agreement appears to be a property settlement and not a separation agreement which, un-der appropriate circumstances, might be used as a defense against the matters raised in defendant's responsive pleading. Reversed. Judges CAMPBELaLn d HEDRICKc ancur. CITY OF BREVARD, A MUNICIPALC ORPORATIONAN, D L. C. CASE, BUILDINGI NSPECTORO F THE CITY OF BREVARDV. JOHN F. RITTER, FRANKIE M. WAGONER, INDIVIDUALLAYN D AS ADMINISTRATRIX OF THE ESTATE OF LEWIS MOORE, LOIS ROBINSON, FERRELL MOORE, EUNA ANN CANTRELL AND CHARLES MORGAN COM-PANY, A CORPORATION No. 7329SC387 (Filed 9 January 1974) Contempt of Court § 6; Municipal Corporations 8 30; Trial 8 6-enlarge-ment of airport facilities - order to remove construction - stipulations showing violation Where defendants purchased a private airport located in an area zoned for residential use, began construction on an addition to the airport facilities, were permanently restrained from constructing a pilot lounge and clubhouse and auxiliary hangar or extending or en-larging the airport facilities, and were required to remove that portion of construction already completed within 90 days, stipulations by de-fendants that the portion of the construction was not removed but was altered so as to include bedrooms, a kitchen and bathrooms were sufficient to show that defendants failed to comply with the order of the trial court to remove the offending structure which constituted an extension of the nonconforming use. APPEAL by plaintiffs from an order of Ervin, Judge, en-tered 31 December 1972 out of term and out of district. Prior to December 1971, defendant Ritter secured an option to purchase land upon which was located a private airport con- |
