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TRANSLAND PROP., INC. v. BOARD OF ADJ. OF NAGS HEAD

No. 731SC492.

198 S.E.2d 1 (1973)

18 N.C. App. 712

TRANSLAND PROPERTIES, INC., and John H. High and Company, Inc. v. BOARD OF ADJUSTMENT OF the TOWN OF NAGS HEAD et al.

Court of Appeals of North Carolina.

July 25, 1973.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, P.A. by Thomas L. Young, Rocky Mount, for petitioner appellees.

Kellogg, Wheless & White by Thomas L. White, Jr., Manteo, for respondent appellant.

CAMPBELL, Judge.

As a general rule, the change in a zoning law does apply retroactively to prohibit issuance of a building permit, previously applied for but not issued, for construction of a "nonconforming" use. See Annot., 50 A.L.R.3d 596 (1973).

But, also generally, the change in zoning laws does not work to revoke a previously issued building permit if prior to the law change the permittee has relied upon his permit to his substantial disadvantage...

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