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BURTON v. NEW HANOVER CTY. ZONING BD., ETC.

No. 805SC389.

271 S.E.2d 550 (1980)

49 N.C. App. 459

Joseph BURTON, Petitioner, v. NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT UNDER the ZONING ORDINANCE OF NEW HANOVER COUNTY, Ted Glod, Chairman; Ezra Hester, William Crumpler, John Maye and Kenneth Williamson, Respondents.

Court of Appeals of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Crossley & Johnson by Robert W. Johnson, Wilmington, for petitioner-appellant.

Murchison, Fox & Newton by Joseph O. Taylor, Jr., and James C. Fox, Wilmington, for respondents-appellees.

HEDRICK, Judge.

By his first assignment of error, petitioner contends that the trial judge erred in reviewing the record and finding the order of the Board of Adjustment to be supported by the evidence when the court did not have a complete record before it. This assignment of error is primarily based upon Exception No. 1 which pertains to the following stipulation made by the parties on 20 November 1979:

It is stipulated that the attached papers are true...

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