Town of Charlotte v. Richmond

Defendants appeal from an amended order of the superior court limiting the volume of their used car sales to fifty-two cars per year. The Town of Charlotte cross-appeals, arguing that the court lacked jurisdiction to entertain defendants’ affirmative defense of nonconforming use. We agree with the town and therefore vacate the court’s amended order. We remand for an order enforcing the town’s determination that defendants operated their business in violation of its zoning ordinance and for a determination of fines.

This case originated with a notice, issued by the town’s zoning administrator…