Morningstar Marinas/Eaton Ferry, LLC v. Warren County

JACKSON, Justice.

In this case we consider whether a zoning officer may refuse to transmit an appeal from his own zoning determination to the county board of adjustment for its review. We conclude that a zoning officer does not have this authority and therefore that the Superior Court, Warren County, properly entered an order compelling respondents to place petitioner’s appeal on the agenda of the Warren County Board of Adjustment (the Board).

Momingstar Marinas (petitioner) owns land abutting Lake Gaston in Warren County, where it operates a commercial marina known as Eaton Ferry. Petitioner’s…