Legal Opinion

Randolph County v. Coen

Court of Appeals of North Carolina

Decided August 7, 1990No. 8919DC1287PublishedCited by 3 opinions

1Opinion of the Court

ARNOLD, Judge.

The issue before us is whether or not defendants established an “existing use” in the operation of their business prior to the effective date of Randolph County’s Zoning Ordinance. The Ordinance prohibits the operation of defendants’ sales lot at its present location, but the business qualifies as a permitted nonconforming use if it was operational prior to the effective date of the Ordinance. The law protects nonconforming users who, acting in good faith, make a “substantial beginning” toward the intended use of their land. In Re Campsites Unlimited, 287 N.C. 493, 501, 215…

2Cases cited3 opinions

  1. Application of Campsites Unlimited, Inc.Supreme Court of North Carolina · 1975
  2. City of Sanford v. Dandy Signs, Inc.Court of Appeals of North Carolina · 1983
  3. Sunderhaus v. Board of AdjustmentCourt of Appeals of North Carolina · 1989

3Cited by3 opinions

  1. Simpson v. City of CharlotteCourt of Appeals of North Carolina · 1994
  2. Russell v. Guilford CountyCourt of Appeals of North Carolina · 1990
  3. State v. LawrenceSupreme Court of North Carolina · 2006

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