HEERY v. TOWN OF HIGHLANDS ZONING BD. OF ADJ.

No. 8230SC471.

300 S.E.2d 869 (1983)

George T. HEERY, Stanley Meyerson, Thomas B. Crumpler, and Mrs. Lean Pippin v. TOWN OF HIGHLANDS ZONING BOARD OF ADJUSTMENT: John Baumrucker, Ligon Creswell, Emma Pell, Eugene Houston and Carl Tally; The Board of Commissioners of the Town of Highlands: Harry T. Wright, Mayor, Neville Bryson, John Cleaveland, Steve Pierson, Ron Sanders and Charles Zachary; and Shelby Place, Ltd., and Jack Faul, Trustee.

Court of Appeals of North Carolina.

April 5, 1983.


Attorney(s) appearing for the Case

Herbert L. Hyde, Asheville, for petitioners-appellees.

Coward, Coward & Dillard by Orville D. Coward, Jr., Franklin, for respondents-appellants.


HEDRICK, Judge.

Respondents contend that petitioners lacked standing to seek review of the Zoning Board of Adjustment's decision. N.C. Gen.Stat. § 160A-388(e) authorizes an "aggrieved party" to seek review of board of adjustment decisions made under zoning ordinances. Thus, petitioners had standing only if they were aggrieved persons within the meaning of the statute.

Earlier versions of N.C.Gen.Stat. § 160A-388, which contained review provisions...

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