ELR Citation: ELR 20187
No(s). 14,562 (4th Cir. Mar 2, 1971)

Federal district court does not have jurisdiction under the Civil Rights Act, 42 U.S.C. §1983 and 28 U.S.C. §1343(3), of a landowner's suit that alleges that the application of a North Carolina statute authorizing extra-territorial zoning to 85 acres outside the city in order to allow its use for a sanitary landfill is an unconstitutional denial of the equal protection of law. Such property rights are not protected by the Civil Rights Act.

Counsel for Appellants:
Renn Drum
Drum, Liner & Redden
Pepper Building
Winston-Salem, NC 27102
(919) 724-4936

Norman B. Smith
Smith & Patterson
Southeastern Building
Greensboro, NC 27420
(919) 275-8603

Counsel for Appellees:
William F. Womble
John L. W. Garrou
Womble, Carlyle, Sandridge & Rice
Wachovia Building
Winston-Salem, NC 27102

Before Haynsworth, Chief Judge, Murrah^*, Senior Circuit Judge, and Craven, Circuit Judge.