Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
King v. Town of Chapel Hill, 227 N.C. App. 545 (Jun. 4, 2013)
aff’d in part, rev’d in part, 367 N.C. 400 (Jun. 12, 2014)
(1) Reversing the trial court, the court held that the Town of Chapel Hill’s Towing Ordinance is a valid exercise of police power under G.S. 160A-174(a). (2) The trial court improperly enjoined enforcement of the Town’s Mobile Phone Ordinance. The ordinance prohibits the use of mobile phones while driving. The court found that the trial court erred in determining that the Plaintiff was subject to a manifest threat of irreparable harm through enforcement of the Mobile Phone Ordinance. The court noted that “[i]f Plaintiff wishes to challenge the validity of the Mobile Phone Ordinance, he must do so in the context of his own case."