Legal Opinion

City of Sanford v. Dandy Signs, Inc.

Court of Appeals of North Carolina

Decided June 7, 1983No. 8211DC657PublishedCited by 17 opinions

1Opinion of the Court

EAGLES, Judge.

The issue on this appeal is whether the defendants’ structures existing on the effective date of the 1980 zoning ordinance were lawful under the 1965 zoning ordinance. If so, they are protected by section 26-10-1A of the 1980 ordinance which allows continuation of nonconforming uses that were “lawfully existing on the day before the effective date of this Ordinance.”

Ordinances like the ones in this case must be strictly construed because they are in derogation of the common law. See Jones v. Georgia-Pacific Corp., 15 N.C. App. 515, 190 S.E. 2d 422 (1972). Everything not clearly…

2Cases cited5 opinions

  1. Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
  2. Harrison v. . Guilford CountySupreme Court of North Carolina · 1940
  3. Warner v. W & O, INCORPORATEDSupreme Court of North Carolina · 1964
  4. Jones v. GEORGIA-PACIFIC CORPORATIONCourt of Appeals of North Carolina · 1972
  5. Bracey Advertising Co. v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1983

3Cited by17 opinions

  1. Lambeth v. Town of Kure BeachCourt of Appeals of North Carolina · 2003
  2. Innovative 55, LLC v. Robeson CountyCourt of Appeals of North Carolina · 2017
  3. Land v. VILLAGE OF WESLEY CHAPELCourt of Appeals of North Carolina · 2010
  4. P.A.W. v. Town of Boone Board of AdjustmentCourt of Appeals of North Carolina · 1989
  5. Randolph County v. CoenCourt of Appeals of North Carolina · 1990

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