Legal Opinion

Clark v. City of Asheboro

Court of Appeals of North Carolina

Decided December 21, 1999No. COA99-240PublishedCited by 17 opinions

1Opinion of the Court

HORTON, Judge.

The North Carolina Constitution provides that the “General Assembly shall provide for the organization and government and the fixing of boundaries of counties, cities and towns, and other governmental subdivisions, and . . . may give such powers and duties to counties, cities and towns and other governmental subdivisions as it may deem advisable.” N.C. Const. Art. VII, § 1. Pursuant to this constitutional provision, our legislature has delegated its zoning powers to the various municipalities located throughout the State. N.C. Gen. Stat. § 160A-381(a) provides that:

For the…

2Cases cited8 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  3. Godfrey v. Zoning Bd. of Adjustment of Union CountySupreme Court of North Carolina · 1986
  4. Woodhouse v. Bd. of Com'rs of Town of Nags HeadSupreme Court of North Carolina · 1980
  5. Application of EllisSupreme Court of North Carolina · 1970

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3Cited by17 opinions

  1. Sun Suites Holdings, LLC v. Board of AldermenCourt of Appeals of North Carolina · 2000
  2. SBA, INC. v. City of Asheville City CouncilCourt of Appeals of North Carolina · 2000
  3. Humane Society of Moore County, Inc. v. Town of Southern PinesCourt of Appeals of North Carolina · 2003
  4. MCC Outdoor, LLC v. Town of Franklinton Board of CommissionersCourt of Appeals of North Carolina · 2005
  5. Dellinger v. Lincoln CountyCourt of Appeals of North Carolina · 2016

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