TOWN OF HILLSBOROUGH v. SMITH

No. 17.

170 S.E.2d 904 (1969)

TOWN OF HILLSBOROUGH, A Municipal Corporation, v. Clarence Dupree SMITH and wife, Mae L. Smith.

Supreme Court of North Carolina.

December 10, 1969.


Attorney(s) appearing for the Case

Graham & Cheshire, Hillsborough, for plaintiff appellant.

Alonzo Brown Coleman, Jr., Hillsborough, for defendant appellees.


LAKE, Justice.

The town issued to the male defendant, who then had an option to purchase the land in question, a permit to construct thereon the building which he proposes to construct and to use for a dry cleaning business. Neither such construction nor such use was forbidden by law when the permit was issued. The issuance of the permit did not, of itself, confer upon the defendants a vested property right, of which they could not be deprived by a zoning

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