Summit Realty, Inc. v. Gipe

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• refusing to consider the appellant's argument regarding the validity of the ordinance when he did not include it in the record and when the appellee did not consent to its consideration
• “We have consistently held that the existence of municipal ordinances must be proved and that they are not subject to judicial notice.”
• “[T]he failure of the plaintiff to follow the procedural mandates of Rule 80B does not necessarily deprive the [c]ourt of the right to grant equitable relief, since the complaint may be considered as one for declaratory judgment.”
• “Although the notice for hearing . . . was limited to the issuance of a preliminary injunction, 5 the record makes it clear that both parties and the [court] considered that the trial was on the merits of the action.”
• courts do not take judicial notice of municipal ordinances

Source: CourtListener parenthetical corpus (CC0).