Capricorn Equity Corp. v. Town of Chapel Hill Board of Adjustment

WALKER, Judge.

Respondent argues (1) it correctly denied the building and zoning compliance permits because the proposed structures were rooming houses not duplexes, and (2) the trial court erred in reversing the Board on the basis of its own interpretation of the ordinance. For the purposes of this appeal we find it necessary to address only the second contention.

The relevant pre-amended portions of the ordinance considered by the Board in upholding the Manager’s decision to deny issuance of the permits provide:

Rooming House: A building or group of buildings containing in combination three…