Duke Power Co. v. Salisbury Zoning Board of Adjustment

CARSON, Judge.

At common law the right to appeal was limited to parties in the action who were aggrieved by the ruling of the court. 4 Am. Jur. 2d, Appeal and Error, § 173. This common law rule has been codified in North Carolina under G.S. 1-271 which states as follows:

Who may appeal. — Any party aggrieved may appeal in the cases prescribed in this chapter. A party who cross assigns error in the grant or denial of a motion under the Rules of Civil Procedure is a party aggrieved.

While the persons complaining of the court’s ruling may have been aggrieved by the proximity of their land to the…