Legal Opinion

Town & Country Civic Organization v. Winston-Salem Zoning Board of Adjustment

Court of Appeals of North Carolina

Decided December 16, 1986No. 8621SC484PublishedCited by 6 opinions

1Opinion of the Court

ARNOLD, Judge.

The scope of judicial review for decisions made by a board sitting as a quasi-judicial body involves:(1) Reviewing the record for errors in law,(2) Insuring that procedures specified by law in both statute and ordinance are followed,(3) Insuring that appropriate due process rights of a petitioner are protected including the right to offer evidence, cross-examine witnesses, and inspect documents,(4) Insuring that decisions of town boards are supported by competent, material and substantial evidence in the whole record, and(5) Insuring that decisions are not arbitrary and…

2Cases cited2 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974

3Cited by6 opinions

  1. Allen v. City of Burlington Board of AdjustmentCourt of Appeals of North Carolina · 1990
  2. South Carolina Coastal Conservation League v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2008
  3. Coventry Woods Neighborhood Ass'n v. City of CharlotteCourt of Appeals of North Carolina · 2010
  4. Botany Bay Marina, Inc. v. TownsendSupreme Court of South Carolina · 1988
  5. Town & Country Civic Organization v. Winston-Salem Zoning Board of AdjustmentCourt of Appeals of North Carolina · 1986

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