Legal Opinion · Dissent

Martin Marietta Corp. v. Forsyth County Zoning Board of Adjustment

Court of Appeals of North Carolina

Decided December 6, 1983No. 8221SC1076Published

1Dissent

Judge Phillips

dissenting.

In my judgment the situation presented requires us to declare not what the “law of the case” as between the parties will be in the unlikely event petitioner ever seeks to relitigate the matters involved in this appeal, but what the law of this state is with respect to getting zoning board decisions reviewed in the Superior Court. That such information is sorely needed by respondents, the court below, and perhaps others, as well — and that its absence unjustly impeded petitioner’s effort to have the respondents’ decision expeditiously reviewed, and brought another…

2Cases cited3 opinions

  1. In Re Pine Hill Cemeteries, Inc.Supreme Court of North Carolina · 1941
  2. Deffet Rentals, Inc. v. City of BurlingtonCourt of Appeals of North Carolina · 1975
  3. Gidney v. . HallseySupreme Court of North Carolina · 1823

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