Tate v. Board of Adjustment of the City of Asheville

EAGLES, Judge.

Petitioners make several arguments. Because we agree with petitioners that the board was without jurisdiction to enter the disputed order, we address only that issue.

G.S. 160A-388(b) provides, in relevant part, that “[t]he board of adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this Part.” The statute clearly confers on the board only appellate jurisdiction, as distinguished from original jurisdiction, to decide whether…