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State v. Jones

North Carolina Supreme Court

290 S.E.2d 675 (1982)

Relevant factsFree

Buncombe County passed an ordinance requiring junkyards to be enclosed by a fence so their contents wouldn't be visible from nearby homes. Jones (defendant) operated an unfenced junkyard, and the state (plaintiff) charged him with violating the ordinance. Jones argued the ordinance was unconstitutional because it rested purely on aesthetics; the district court agreed and quashed the charge, but the court of appeals reversed and remanded, prompting Jones to appeal further.

IssueFree

Whether a zoning ordinance based on aesthetic reasons alone is per se unconstitutional.

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