[DOWNLOAD] "White Oak Properties Inc. v. Town of Carrboro" by Court of Appeals of North Carolina No. 8415SC123 " eBook PDF Kindle ePub Free

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eBook details

• Title: White Oak Properties Inc. v. Town of Carrboro
• Author : Court of Appeals of North Carolina No. 8415SC123
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The threshold question we must address is whether the superior court had jurisdiction to review the decision of the board of aldermen when the petition for writ of certiorari was not filed until forty-seven days after notice of that decision. We must first determine under what statute the superior court has the power to review a decision of the board of aldermen granting or denying a special or conditional use permit. Respondents contend the procedure for appeal from an adverse decision on an application for a special or conditional use permit is set forth in G.S. 160A-388(e) which stipulates that petition for certiorari to the superior court must be filed within thirty days of notice of decision. Petitioner argues that because a board of aldermen and not a board of adjustment, denied the application for the permit, G.S. 160A-381 applies and petition for writ of certiorari may be filed within a reasonable time. G.S. 160A-381, which grants cities the power to zone, provides that a city may allow a board of adjustment or a city council (board of aldermen) to issue special or conditional use permits. Board of aldermen is a term used interchangeably with city council to name the governing board of a city. G.S. 160A-1(3). ""Special use"" or ""conditional use"" are terms used interchangeably to refer to a permit issued for a use which an ordinance expressly permits in a designated zone upon proof that certain facts or conditions detailed in the ordinance exist. Concrete Co. v. Board of Commissioners, 299 N.C. 620, 265 S.E.2d 379, rehearing denied, 300 N.C. 562, 270 S.E.2d 106 (1980).

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