Board of Adjustment v. Town of Swansboro

Judge LEWIS

dissenting.

I respectfully dissent from the majority’s interpretation of N.C.G.S. §§ 160A-146 and 160A-388. These statutes cannot be harmonized as the majority asserts unless the three-year term found in § 160A-388(a) is given effect. The general rule is “[w]here . . . one statute deals with a particular situation in detail, while another statute deals with it in general and comprehensive terms, the particular statute will be construed as controlling absent a clear legislative intent to the contrary.” Merritt v. Edwards Ridge, 323 N.C. 330, 337, 372 S.E.2d 559 (1988) (citation…