Ayers v. Board of Adjustment for Robersonville

MARTIN, Judge.

G.S. § 160A-388(e) (Supp. 1992) provides that every decision of a municipal board of adjustment “shall be subject to review by the superior court by proceedings in the nature of certiorari.” In proceedings of this nature, the superior court sits as an appellate court and may review both the sufficiency of the evidence presented to respondent and whether the record reveals an error of law. Concrete Co. v. Board of Commissioner, 299 N.C. 620, 265 S.E.2d 379, reh’g denied, 300 N.C. 562, 270 S.E.2d 106 (1980).

In the present case, the questions before the superior court were (1) what…