Coastal Ready-Mix Concrete Co. v. Board of Commissioners

CARLTON, Justice.

The issue before us is whether the superior court properly reversed the Town of Nags Head Board of Commissioners’ (Commissioners’) denial of petitioner’s application for a conditional use permit. Determination of the issue involves the continuing attempt to establish a proper balance between limiting arbitrary exercise of local zoning power while maintaining flexible local authority to control growth and development. We think in this case the denial of the conditional use permit by the Commis sioners was based on sound discretion involving no mistaken application of law. We…