Town of Kenansville v. Summerlin

JOHNSON, Judge.

Defendant attempted to build a second structure on his property within the zoning jurisdiction of the Town of Kenansville (hereinafter “the Town”); the Town’s zoning ordinance restricts development on each lot to one building plus customary accessory buildings. The Town’s zoning inspector accordingly denied defendant a building permit; he presented his case to the Town Board, which passed a resolution asking defendant to stop construction until he could obtain a permit, but threatened legal action if he continued to build. Defendant continued construction, and the Town obtained…