Legal Opinion

Lee v. . Board of Adjustment

Supreme Court of North Carolina

Decided February 27, 1946PublishedCited by 90 opinions

1Opinion of the CourtBarnhill, J.

The statute, G. S., Art. 14, ch. 160, under authority of which Rocky Mount adopted its zoning ordinance, provides that every decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari. G. S., 160-118. But the writ of certiorari as permitted by this statute is a writ to bring the matter before the court upon the evidence presented by the record itself for review of alleged errors of law. In re Pine Hill Cemeteries, Inc., 219 N. C., 735, 15 S. E. (2d), 1.

The decisions of the board are final, subject to the right of the courts to review errors in…

2Cases cited22 opinions

  1. Thayer v. Board of AppealsSupreme Court of Connecticut · 1931
  2. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
  3. Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
  4. Norcross v. Board of Appeal of Building DepartmentMassachusetts Supreme Judicial Court · 1926
  5. Prusik v. Board of AppealMassachusetts Supreme Judicial Court · 1928

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3Cited by90 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  3. Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
  4. Godfrey v. Zoning Bd. of Adjustment of Union CountySupreme Court of North Carolina · 1986
  5. Nelson v. DonaldsonSupreme Court of Alabama · 1951

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