Board of Adjustment v. Town of Swansboro

MEYER, Justice.

The issue that we must resolve in this case is whether the power of a town’s board of commissioners to organize city government pursuant to N.C.G.S. § 160A-146 includes the power to abolish a board of adjustment, appointed and created pursuant to N.C.G.S. § 160A-388, and to thereafter create a new board of adjustment and make appointments thereto. We conclude that the Court of Appeals was correct in affirming the trial court’s granting of defendants’ motion for summary judgment and hold that a town Board of Commissioners has such authority.

*423The facts pertinent to this appeal are…