KEIGER v. WINSTON-SALEM BOARD OF ADJUSTMENT

No. 40.

190 S.E.2d 175 (1972)

Charles F. KEIGER and Mamilee Enterprises, Inc. v. The WINSTON-SALEM BOARD OF ADJUSTMENT et al.

Supreme Court of North Carolina.

July 31, 1972.


Attorney(s) appearing for the Case

R. Kason Keiger, Winston-Salem, for petitioner appellees.

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., and Zeb E. Barnhardt, Jr., Winston-Salem, for respondent appellants.


SHARP, Justice.

The trial judge concluded that a rezoning ordinance, instigated after petitioners' application for a permit to construct a mobile home park on their 14.5-acre site, could have no effect whatever upon their right to the permit. Therefore, he did not adjudicate the validity or invalidity of the ordinance purporting to change the classification of petitioners' property.

It is the rule in this State...

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