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THURSTON v. SALISBURY ZONING BD. OF ADJUSTMENT

No. 7419SC831.

210 S.E.2d 275 (1974)

24 N.C. App. 288

Thomas G. THURSTON, Petitioner, v. SALISBURY ZONING BOARD OF ADJUSTMENT et al., Respondents.

Court of Appeals of North Carolina.

December 18, 1974.

Attorney(s) appearing for the Case

Carlton, Rhodes & Thurston by Richard F. Thurston, Salisbury, for petitioner.

Kluttz & Hamlin by Clarence Kluttz, and William I. Ward, Chief Trial Counsel, Charlotte, for respondent Duke Power Co.

James A. Hudson, City Atty., Salisbury, for Salisbury Zoning Bd. of Adjustment, respondent.

MORRIS, Judge.

By motion filed prior to argument, respondents move to dismiss petitioner's appeal, among other reasons, for failure of petitioner to comply with G.S. § 1-282, which provides, in pertinent part:

"The appellant shall cause to be prepared a concise statement of the case, embodying the instructions of the judge as signed by him, if there be an exception thereto, and the request of the counsel of the parties for instructions of there be any...

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