New Hanover County v. Pleasant

MORRIS, Chief Judge.

By their first assignment of error defendants urge that the court erred in denying their motion to dismiss pursuant to Rule 12(b) of the North Carolina Rules of Civil Procedure, for failure to state a claim upon which relief could be granted. We disagree with defendants because injunctive relief and an order of abatement are available relief, in accord with plaintiffs complaint.

Article 18 of Chapter 153A authorizes counties to plan and regulate development which includes the power to enact ordinances zoning land. Enforcement of zoning ordinances enacted pursuant to this…