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DEVELOPMENT ASSOC. v. WAKE CTY. BD. OF ADJ.

No. 8010SC169.

269 S.E.2d 700 (1980)

48 N.C. App. 541

DEVELOPMENT ASSOCIATES, INC., Petitioner, v. The WAKE COUNTY BOARD OF ADJUSTMENT: James R. Fullwood, Chairman; Billy G. Hinton; Russell Buxton; John E. Tantum; Ralph E. Smith; J. H. Cobb; and Bernard Allen; The County of Wake; and John G. Scott, Wake County Director of Planning; H. Ernest McDonald and State of North Carolina, Respondents.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Lake & Nelson, P. A. by Broxie J. Nelson, Raleigh, for petitioner.

Bode, Bode & Call, P. A. by W. Davidson Call, Raleigh, for respondent McDonald.

Asst. Wake County Atty. Arthur M. McGlauflin, Raleigh, for respondent Wake County.

WELLS, Judge.

Respondent's first assignment of error presents the question of whether petitioner's petition for writ of certiorari was timely filed. At the time the writ was sought in this case, G.S. 153A-345(e)1 provided that, "[e]ach decision of the board [of adjustments] is subject to review by the superior court by proceedings in the nature of certiorari." Respondent argues that a delay in seeking the writ of forty-nine days after...

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