ATKINS v. ZONING BD. OF ADJUSTMENT, ETC.

No. 8020SC1093.

281 S.E.2d 756 (1981)

Mr. and Mrs. T. L. ATKINS, et al., Petitioners, v. The ZONING BOARD OF ADJUSTMENT OF UNION COUNTY, North Carolina (Consisting of Charles Yandle, Chairman of the Board; Leon Moore, Vice Chairman of the Board; Charles McGee, Jack Haywood, Clark Rummage, Members of the Board; and Willie McDow and G. C. Funderburk, Alternate Members of the Board), Respondents.

Court of Appeals of North Carolina.

September 15, 1981.


Attorney(s) appearing for the Case

Perry & Bundy by H. Ligon Bundy and Henry B. Smith, Jr., Monroe, for respondents-appellants.

Dawkins, Glass & Lee, P.A. by Koy E. Dawkins, Monroe, for petitioners-appellees.


BECTON, Judge.

I

This is not the usual proceeding on appeal in which we must determine if the findings of fact and conclusions of law of an administrative board are supported by competent evidence. Indeed, after the trial court found and concluded that the Board's findings and conclusions were supported by competent, material and substantial evidence, the trial court determined, as a matter of law, that certain uses and structures, described in the Board...

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