Legal Opinion

In Re Zoning Violation of Coleman

Court of Appeals of North Carolina

Decided April 28, 1971No. 7128SC143PublishedCited by 7 opinions

1Opinion of the Court

BROCK, Judge.

G.S. 160-178 provides that the rulings of municipal boards of adjustment shall be subject to review by “proceedings in the nature of certiorari.” The scope of review must be equal to that provided by G.S. Chap. 148, Art. 33, §§ 143-306 et seq. Jarrell v. Board of Adjustment, 258 N.C. 476, 128 S.E. 2d 879. G.S. 143-316 provides that appeals to the appellate division in proceedings governed by Art. 33 shall be under rules of procedure applicable to other civil cases. Therefore, the rule that an appeal to the appellate division may be prosecuted only at the instance of a party or…

2Cases cited1 opinion

  1. Jarrell v. BOARD OF ADJUSTMENT FOR CITY OF HIGH POINTSupreme Court of North Carolina · 1963

3Cited by7 opinions

  1. Piney Mountain Neighborhood Ass'n v. Town of Chapel HillCourt of Appeals of North Carolina · 1983
  2. Duke Power Co. v. Salisbury Zoning Board of AdjustmentCourt of Appeals of North Carolina · 1974
  3. Pigford v. BOARD OF ADJ. OF CITY OF KINSTONCourt of Appeals of North Carolina · 1980
  4. Malloy v. DanielCourt of Appeals of North Carolina · 1982
  5. Graham County Board of Elections v. Graham County Board of CommissionersCourt of Appeals of North Carolina · 2011

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