Legal Opinion

Moore v. BD. OF ADJ. FOR CITY OF KINSTON

Court of Appeals of North Carolina

Decided December 21, 1993No. 938SC50PublishedCited by 4 opinions

1Opinion of the Court

ARNOLD, Chief Judge.

The applicable section of the zoning ordinance reads in part: “The Neighborhood Trading District is established for the purposes of providing accessible business areas for residents to obtain goods and services.” Subsection (A) lists thirty-three permitted uses within the B-l district, including “[s]tores and shops conducting retail business.” Petitioner claims his flea market is included within the definition of stores and shops and is, therefore, a permitted use. We disagree.

Whether or not the flea market is a permitted use of property in the B-l district is a matter of…

2Cases cited4 opinions

  1. In Re Inquiry Concerning Judge HardySupreme Court of North Carolina · 1978
  2. Woodhouse v. Bd. of Com'rs of Town of Nags HeadSupreme Court of North Carolina · 1980
  3. Capricorn Equity Corp. v. Town of Chapel Hill Board of AdjustmentSupreme Court of North Carolina · 1993
  4. Raleigh Place Associates v. City of RaleighCourt of Appeals of North Carolina · 1989

3Cited by4 opinions

  1. Morris Communications Corp. v. Board of Adjustment for GastoniaCourt of Appeals of North Carolina · 2003
  2. Ball v. Randolph County Board of AdjustmentCourt of Appeals of North Carolina · 1998
  3. City of Lumberton v. U.S. Cold StorageCourt of Appeals of North Carolina · 2006
  4. Morris Communications Corp. v. Board of Adjustment for GastoniaCourt of Appeals of North Carolina · 2003

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