Town of Pine Knoll Shores v. Evans

WHICHARD, Justice.

The issue is whether defendants’ “deck” violates the setback requirement of plaintiff-town’s zoning ordinance. Plaintiff-town is located on a barrier island. Defendants’ home in plaintiff-town is situated along an artificially-made canal connected to Bogue Sound. Plaintiff-town has enacted a comprehensive zoning code (“Code”), which defendants allegedly violated by building a “deck” in their backyard between their house and the canal.

Defendants refer to the structure at issue as a “ground cover,” while plaintiff-town calls it a “deck.” The Court will refer to it as a deck.…