Legal Opinion

Little v. Board of Adjustment

Supreme Court of North Carolina

Decided June 23, 1928PublishedCited by 20 opinions

1Opinion of the CourtBeogden, J.

The case of Harden v. Raleigh, 192 N. C., 395, determined two questions.

1. That the board of adjustment is clothed with at least quasi-judicial power and that the investigation of facts as a basis of official action is not a ministerial duty, the Court saying, “but the exercise of judgment or discretion may be regarded as the usual test by wbicb to determine wbether an act is ministerial or judicial. Within the class of quasi- judicial acts fall the board’s conclusions as to wbether the proposed building would be noxious or offensive or detrimental to the public safety or welfare by reason of…

2Cases cited2 opinions

  1. Harden v. City of RaleighSupreme Court of North Carolina · 1926
  2. In Re SmilingSupreme Court of North Carolina · 1927

3Cited by20 opinions

  1. Lee v. . Board of AdjustmentSupreme Court of North Carolina · 1946
  2. Olive Proration Program Committee v. Agricultural Prorate CommissionCalifornia Supreme Court · 1941
  3. In Re Appeal of ParkerSupreme Court of North Carolina · 1938
  4. Bagwell v. . R. R.Supreme Court of North Carolina · 1914
  5. City of Elizabeth v. AydlettSupreme Court of North Carolina · 1931

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