Legal Opinion

Funderburk v. City of Greensboro

Court of Appeals of North Carolina

Decided February 19, 2019No. COA 18-632Published

1Opinion of the Court

INMAN, Judge.

When a landowner fails timely to appeal a notice of zoning ordinance violation to a local board of adjustment as provided in the zoning ordinance, he fails to exhaust the available administrative remedy, depriving the courts of subject matter jurisdiction to address the dispute.

Plaintiff Mark E. Funderburk ("Plaintiff") appeals from an order dismissing his claims against Defendant City of Greensboro arising from a zoning dispute because Plaintiff failed to exhaust administrative remedies. Plaintiff argues that the trial court erred because the parties entered into an enforceable…

2Cases cited6 opinions

  1. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  2. Presnell v. PellSupreme Court of North Carolina · 1979
  3. Shell Island Homeowners Ass'n v. TomlinsonCourt of Appeals of North Carolina · 1999
  4. Blow v. DSM PHARMACEUTICALS, INC.Court of Appeals of North Carolina · 2009
  5. Johnson v. University of North CarolinaCourt of Appeals of North Carolina · 2010

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