Board of Adjustment v. Town of Swansboro

GREENE, Judge.

Plaintiffs appeal from an order filed 1 May 1991, granting defendants’ motion for summary judgment, N.C.G.S. § 1A-1, Rule 56 (1990).

The facts pertinent to this appeal establish that on 20 September 1985, the Board of Commissioners of the Town of Swansboro enacted Section 9-2-16 of its Code of Ordinances which provided for the appointment of a Board of Adjustment consisting of five residents of the town and two additional members from its extraterritorial jurisdiction. On 8 June 1989, plaintiffs Ian Smith (Smith) and Mary Ellen Yanich (Yanich) were appointed to the Swansboro…