Lambeth v. Town of Kure Beach

TYSON, Judge.

I. Background

On 15 March 2001, Alan Dean Lambeth (“petitioner”) applied for a permit from Respondent Town of Kure Beach (“Town”) to widen his driveway from nineteen feet to twenty-four feet from his residence to 5th Avenue North. Petitioner sought to widen his driveway to provide easier access into and out of vehicles for the wheelchair of his handicapped daughter. Petitioner had previously constructed a five foot wide concrete walkway extending from his house across the street right-of-way to L. Avenue.

At the time of petitioner’s application, the Town’s ordinance, read as…