Legal Opinion

Sarda v. City/County of Durham Board of Adjustment

Court of Appeals of North Carolina

Decided February 18, 2003No. COA02-284PublishedCited by 17 opinions

1Opinion of the Court

ELMORE, Judge.

Joe Mitchell (“respondent Mitchell” or “Mitchell”) moves this Court pursuant to N.C.R. App. P. 37(a) to determine: (1) that Peter J. Sarda and Patricia T. Sarda (collectively, “petitioners”) lacked standing to appeal to the superior court from the City/County of Durham Board of Adjustment’s (“respondent Board” or “Board”) decision granting a special use permit in this matter; (2) that petitioners lack standing to be a party to the subsequent appeal to this Court from the superior court’s order; and (3) that petitioners’ appeal should be dismissed. We agree, and pursuant to…

2Cases cited5 opinions

  1. Burgess Ex Rel. Burgess v. GibbsSupreme Court of North Carolina · 1964
  2. Heery v. Town of Highlands Zoning Board of AdjustmentCourt of Appeals of North Carolina · 1983
  3. Peacock v. ShinnCourt of Appeals of North Carolina · 2000
  4. State v. LinemannCourt of Appeals of North Carolina · 1999
  5. Lloyd v. Town of Chapel HillCourt of Appeals of North Carolina · 1997

3Cited by17 opinions

  1. Cherry v. WiesnerCourt of Appeals of North Carolina · 2016
  2. Musi v. Town of ShallotteCourt of Appeals of North Carolina · 2009
  3. Smith v. Forsyth County Board of AdjustmentCourt of Appeals of North Carolina · 2007
  4. Time Warner Entertainment Advance/Newhouse Partnership v. Town of LandisCourt of Appeals of North Carolina · 2013
  5. Casper v. Chatham CountyCourt of Appeals of North Carolina · 2007

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