Legal Opinion

Development Associates, Inc. v. Wake County Board of Adjustment

Court of Appeals of North Carolina

Decided September 2, 1980No. 8010SC169PublishedCited by 6 opinions

1Opinion of the Court

WELLS, Judge.

Respondent’s first assignment of error presents the question of whether petitioner’s petition for writ of certiorari was timely filed. At the time the writ was sought in this case, G.S. *543l^A^Sie)1/ provided that, “[e]ach decision of the board [of adjustments] is subject to review by the superior court by proceedings in the nature of certiorari.” Respondent argues that a delay in seeking the writ of forty-nine days after the decision of the board of adjustments was announced at the hearing and thirty-five days after its written order was issued was an unreasonable delay, and that…

2Cases cited6 opinions

  1. H. Duys Co., Inc. v. ToneSupreme Court of Connecticut · 1939
  2. Keeney v. BeasmanCourt of Appeals of Maryland · 1936
  3. Bucher v. American Fruit Growers Co.Superior Court of Pennsylvania · 1932
  4. Moore v. Electric Co.Supreme Court of North Carolina · 1904
  5. Hinson v. CreechSupreme Court of North Carolina · 1974

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3Cited by6 opinions

  1. North Iredell Neighbors for Rural Life v. Iredell CountyCourt of Appeals of North Carolina · 2009
  2. Scott v. Marshall County Board of Zoning AppealsIndiana Court of Appeals · 1998
  3. Weber v. Board of County CommissionersCourt of Appeals of Kansas · 1994
  4. In Re the Appeal of Briarfield FarmsCourt of Appeals of North Carolina · 2001
  5. Development Assoc. v. WAKE CTY. BD. OF ADJ.Court of Appeals of North Carolina · 1980

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