Duggins v. Town of Walnut Cove

WEBB, Judge.

In their first argument, plaintiffs contend that defendant’s attempt to “zone out” mobile homes as defined in the ordinance exceeds defendant town’s statutory authority both because the zoning enabling act does not authorize defendant to regulate the types of structures used for single-family residential purposes and because defendant’s ordinance constitutes a back door attempt to intrude into a field preempted by state and federal law. We disagree.

G.S. 160A-381, which authorizes municipalities to enact zoning ordinances within specified guidelines, provides in relevant part:

“For…