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IN RE TADLOCK'S APPEAL

No. 236.

134 S.E.2d 177 (1964)

261 N.C. 120

Appeal of M. R. TADLOCK and wife, Lura S. Tadlock, from the Zoning Board of Adjustment for the Charlotte Area.

Supreme Court of North Carolina.

January 17, 1964.

Attorney(s) appearing for the Case

Dockery, Ruff, Perry, Bond & Cobb, by James O. Cobb, Jr., Charlotte, for petitioner appellants.

John T. Morrisey, Sr., Charlotte, and T. LaFontine Odom, Sr., Asst. City Atty., for respondent appellee.

HIGGINS, Justice.

The Board of Adjustment for the Charlotte Zoning Area, and the Superior Court on reviewing its order, based decision on the Zoning Ordinance which provided: "A non-conforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming." The ordinance, however, authorized the Board of Adjustment, in its discretion and upon application, to allow a variance in hardship cases. The latter provision...

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