IN RE COUCH

No. 670.

128 S.E.2d 409 (1962)

258 N.C. 345

In the Matter of Leamon F. COUCH, The Bemac Corporation, Fred M. Duncan and wife, Gladys S. Duncan.

Supreme Court of North Carolina.

December 12, 1962.


Attorney(s) appearing for the Case

Blackwell M. Brogden, Durham, for petitioners, appellants.

Claude V. Jones, Durham, for Board of Adjustment of City of Durham, respondent, appellee.

Newsom, Graham, Strayhorn & Hedrick, Josiah S. Murray, III, Durham, for Ralph N. Strayhorn, amicus curia.


HIGGINS, Justice.

We may disregard the petitioners' technical objection that the building inspector should have passed on the application for the permit without referring it to the Board of Adjustment for advice. Likewise, we may disregard the contention of the protestants that the Board has passed on the question in its discretion.

The petitioners contend they were entitled to the permit as a matter of right. The ordinance involved was passed in 1951. At...

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