Baucom's Nursery v. MECKLENBURG COUNTY, NC

BRASWELL, Judge.

The applicable standard for appellate review of a judgment rendered under the Declaratory Judgment Act was enunciated by this Court in Insurance Co. v. Allison, 51 N.C. App. 654, 657, 277 S.E. 2d 473, 475, disc. rev. denied, 303 N.C. 315, 281 S.E. 2d 652 (1981), to be as follows:

“[T]he [trial] court’s findings of fact are conclusive if supported by any competent evidence; and a judgment supported by such findings will be affirmed, even though there is evidence which might sustain findings to the contrary, and even though incompetent evidence may have been admitted. [Citations…