Baker v. Malan Construction Corp‪.‬

A suit to determine the validity of a city zoning ordinance is a proper case for a declaratory judgment. G.S. 1-254; Woodard v. Carteret County, 270 N.C. 55, 153 S.E.2d 809. The plaintiffs, owners of property in the adjoining area affected by the ordinance, are parties in interest entitled to maintain the action. Jackson v. Board of Adjustment, 275 N.C. 155, 166 S.E.2d 78; Zopfi v. City of Wilmington, 273 N.C. 430, 160 S.E.2d 325. The propriety of a summary judgment in such action is governed by the same rules applicable to other actions. G.S. 1A-1, Rules 56(a) and (b), and 57.