Abernethy v. Town of Boone Board of Adjustment

LEWIS, Judge.

The procedural issue presented by this appeal is whether the trial court erred in reversing the decision of the Town of Boone Board of Adjustment. In reaching the procedural issue however we must first decide whether the defense of laches can be asserted so as to prevent a municipality from enforcing its own ordinances. We hold that on the facts of this case the defense of laches is applicable and that the trial court did not err in reversing the decision of the Boone Board of Adjustment.

The facts of this case show that in 1983, Memory Savers, Inc. (“Memory Savers”) was…