Legal Opinion

Kirby v. Board of Adjustment of Raleigh

Court of Appeals of North Carolina

Decided August 15, 1989No. 8810SC1185PublishedCited by 1 opinion

1Opinion of the Court

ARNOLD, Judge.

Carter excepts to the trial court’s conclusion of law that “[t]he action of the Raleigh Board of Adjustment in granting a variance *184in the matter under review before this Court was contrary to law.” We affirm the trial court.

N.C.G.S. § 160A-381 enables cities to regulate and restrict land use:

For the purpose of promoting health, safety, morals, or the general welfare of the community, any city may regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open…

2Cases cited3 opinions

  1. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  2. Fisher v. Town of BoscawenSupreme Court of New Hampshire · 1981
  3. Bennett v. City of ClemsonSupreme Court of South Carolina · 1987

3Cited by1 opinion

  1. Preserve Our Cody Neighborhoods, an unincorporated association; Terry and Diana Skinner; Dan and Konnie Haman; Patrick and Lynn Pitet; Sheila and Doug Peterson; Becky Stern; Siri and Tom Blake; Carla Egelhoff; Peggy Rohrbach; Brandi and Ty Nelson; Sarah Mcclure; and Chuck and Celeste Radtke v. The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole and City of Cody Planning, Zoning and Adjustment BoardWyoming Supreme Court · 2025

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