No. 6915SC95.

167 S.E.2d 51 (1969)

4 N.C. App. 316

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

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Graham & Cheshire, by Lucius M. Cheshire, Hillsborough, for plaintiff appellant.

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

MORRIS, Judge.

Plaintiff assigns as error the refusal of the trial court to grant plaintiff's motion for judgment as a matter of law for that plaintiff's only prayer is that defendants not be allowed to continue the land preparation without obtaining a zoning permit. It is stipulated that defendants have not applied for a zoning permit. Plaintiff contends that defendants have, therefore, not exhausted their administrative...

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