Legal Opinion

Concerned Citizens of Downtown Asheville v. Board of Adjustment

Court of Appeals of North Carolina

Decided June 20, 1989No. 8828SC877PublishedCited by 5 opinions

1Opinion of the Court

ARNOLD, Judge.

Defendant Board of Adjustment of the City of Asheville contends that plaintiffs lacked standing to seek review of the Zoning Board of Adjustment’s decision. We agree.

An appeal from a board of zoning adjustment decision may be taken by any person “aggrieved.” N.C.G.S. § 160A-388(e). Thus, plaintiffs had standing only if they were aggrieved persons within the meaning of the statute. Heery v. Town of Highlands Zoning Board of Adjustment, 61 N.C. App. 612, 300 S.E. 2d 869 (1983). As the court in Heery pointed out, an aggrieved party is one who can show either “some interest in the…

2Cases cited4 opinions

  1. Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
  2. Godfrey v. Zoning Bd. of Adjustment of Union CountySupreme Court of North Carolina · 1986
  3. Heery v. Town of Highlands Zoning Board of AdjustmentCourt of Appeals of North Carolina · 1983
  4. Pigford v. BOARD OF ADJ. OF CITY OF KINSTONCourt of Appeals of North Carolina · 1980

3Cited by5 opinions

  1. County of Lancaster v. Mecklenburg CountySupreme Court of North Carolina · 1993
  2. Allen v. City of Burlington Board of AdjustmentCourt of Appeals of North Carolina · 1990
  3. Lloyd v. Town of Chapel HillCourt of Appeals of North Carolina · 1997
  4. Budd v. Davie CountyCourt of Appeals of North Carolina · 1994
  5. Darnell v. Town of FranklinCourt of Appeals of North Carolina · 1998

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