James R. Walker v. State of North Carolina & City of Charlotte, 372 F.2d 129 (4th Cir. 1967). · Go Syfert
James R. Walker v. State of North Carolina & City of Charlotte, 372 F.2d 129 (4th Cir. 1967). Cases Citing This Book View Copy Cite
11 citation events across 8 distinct courts.
Strongest positive: Douglas E. Billings Karen S. Billings v. Commissioner of Internal Revenue (ca6, 1992-08-17)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited as authority (rule) Douglas E. Billings Karen S. Billings v. Commissioner of Internal Revenue
6th Cir. · 1992 · confidence medium
See Hagaman v. Commissioner, 958 F.2d 684, 689 (6th Cir.1992); Genco v. Commissioner, 372 F.2d 129, 129 (6th Cir.1966).
Retrieving the full opinion text from the archive…
James R. WALKER, Appellant,
v.
STATE OF NORTH CAROLINA and City of Charlotte, Appellees
10962_1.
Court of Appeals for the Fourth Circuit.
Jan 16, 1967.
372 F.2d 129
James R. Walker, Leaksville, N. C., appellant pro se., Paul L. Whitfield, Asst. City Atty., City of Charlotte, for appellees.
Haynsworth, Kaufman, Per Curiam, Russell.
Cited by 3 opinions  |  Published
PER CURIAM.

In this habeas corpus proceeding, Walker attacks a conditionally suspended sentence imposed upon him for a deliberate violation of a building code. He asserts uneonstitutionality of the relevant statutes of North Carolina and the applicable sections of Charlotte’s Housing Code as arbitrary and unreasonable. This is premised upon a construction of their requirement of a building permit as a prerequisite to any and all repairs, however trivial, by a householder to his residence.

If the code was applied administratively to require formal permits for trivial repairs, a serious question of its constitutionality, as applied, would arise, but this record does not present the question. The repair and remodeling work undertaken by Walker was both major and extensive, and well within the reasonable reach of the code.

For the reasons stated in the opinion of the District Court, * we find no unconstitutional infirmity in the building code as applied in this case.

Affirmed.

*

Walker v. State of North Carolina, W.D.N.C., 262 F.Supp. 102.