A dеmurrer admits, for the purpose of testing the pleadings, the truth of factual averments properly .alleged and such relevant inferences оf fact as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by the pleader.
Bailey v. McGill,
In the court below the plaintiffs based their case upon the alleged illegality of the rezoning ordinance of 2 December, 1957. As set out in the judgment aрpealed from, plaintiffs assigned as the sole ground for their contention that said ordinance is illegal “that their property is directly opрosite the property which was rezoned by said ordinance, within the meaning of G.S. 160-176, which requires the affirmative vote of three-fourths of the members оf the City Council to change a zone when .the owners of twenty per cent or more of the lots directly opposite the area, the zоne of which is sought to be changed, filed written protest against such change; and that since said ordinance did not receive a three-fourths vote ... it was not validly adopted. . . .”
The pertinent part of G.S. 160-176 is as follows: “Such regulations, restrictions and boundaries (fixed by a zoning ordinance) may from time to -time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such changе, signed by the owners of twenty per cent or more ... of the area of the lots . . . directly opposite thereto extending one hundred feet frоm the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote оf three-fourths of all the members of the legislative body of such municipality.” The portion in parentheses was inserted 'by us for sake of clarity.
It will be оbserved that the rezoning ordinance in question did not receive a favorable vote of three-fourths of all the members of the Durham City Council, but wаs .adopted by a majority vote of seven to five. If the property of plaintiffs is “directly opposite” the rezoned property of dеfendant, Northland, the rezoning ordinance is invalid. If not “directly opposite,” such ordinance is valid. It is to be kept in mind that Club Boulevard and the buffer strip 150 feet wide intervenes between the property of plaintiffs and Northland’s rezoned property.
The fact that Northland owns both the “buffer strip” and thе re *600 zoned area and (that bath are parte of one tract, of land makes no difference in this case. We must consider the matter in the same manner as if these areas were under separate ownership. The “Zoning Regulations” provide that the City “may divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this article.” G.S. 160-173. To hold that zoning district lines must coincide with property lines, regardless of area involved, would be to render the act largely ineffective.
To reach a solution, it is neсessary to 'determine the meaning of the expression “directly opposite” as used under the circumstances in this ease. Webster’s New International Dictionary, Second Edition, Unabridged, defines “opposite” as “on opposite sides; in an opposed position. Across an intervening space from and usually facing or on the same level with; as . . . to live opposite the post office.” It defines “directly” to mean, “in а straight line; at right angles to a surface; Vertically, as opposed to obliquely; without anything intervening; straightway; next in order.”
If the statute had used the word “оpposite” alone, clearly it could be said that plaintiffs’ property and the rezoned property are opposite in the sеnse of being “across an intervening space” from each other, or in the sense of being “on opposite sides” of the intervening space. This definitive analysis, however, if carried to its logical conclusion, might lead to an absurdity. In this sense two tracts of land several miles apart might be said to lie opposite across any given number of intervening areas.
Even if the foregoing application is made of the word “opposite,” this word_is qualified by the word “directly,” and some meaning must be given to the word “directly” when used conjunctively with the word “opposite.” To express it аnother way, the legislature would not have used the word “directly” as a mere redundancy; it was intended to modify, limit or enlarge the word “oppositе.” It seems -to us that the only definitions of “directly” that would, under the circumstances in this case, really modify “opposite” are: “without anything intervening; next in оrder.”
So it is our opinion that the expression “directly opposite” when applied to the lands in this case means those tracts of land оn opposite sides of the street with only the street intervening. This seems to be the most natural and logical and best understood application of the expression. With reference to zoning “the law is disposed to interpret language in the light of surrounding circumstances and to give to words thеir ordinary meaning and significance.”
In re: Builders Supply Co.,
*601
In the case of
Tow-boat Company v. Grant,
The word “directly” is defined, “in a direct way; without anything intervening; not by secondary, but by direct, means” in the following cases, though the factual situations are quite different:
Clark v. Warner,
The ease of
Land Co. v. Realty Co.,
It must be kept in mind that “Zoning ordinances are in derogation of the right of private proрerty, and where exemptions appear in favor of the property owner, they must be liberally construed in favor of such owner.” In re: Builders Supply Co., supra.
The rezоning ordinance of 2 December, 1957, in question in this case was regularly adopted and is legal and valid. Upon the record before us, the “buffer strip” is still zoned for one-family residence usage. Whatever the ultimate intention of Northland, the law is adequate to meet any exigency that may arise.
In view of the decision in this case, it is unnecessary to discuss or decide the right to injunctive relief in situations similar to the one at bar, should ordinances be declared invalid.
Affirmed.