CG&T Corp. v. Board of Adjustment of Wilmington

COZORT, Judge.

Petitioner owns an oil refining facility located in an area zoned for heavy manufacturing in Wilmington, North Carolina. Prior to May 1990, petitioner operated on a pre-existing nonconforming use basis. On 2 May 1990, the city code officer informed petitioner it would need to obtain a special use permit for the operations to resume, because the use of the property as an oil refinery had been discontinued for greater than 365 consecutive days. The Wilmington Board of Adjustment and Superior Court of New Hanover County upheld the code officer’s determination. We affirm.

Petitioner…