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LATHAN v. ZONING BD. OF ADJUST. OF UNION CTY.

No. 8320SC401.

317 S.E.2d 733 (1984)

Joseph D. LATHAN v. The ZONING BOARD OF ADJUSTMENT OF UNION COUNTY, North Carolina.

Court of Appeals of North Carolina.

July 17, 1984.

Attorney(s) appearing for the Case

Joe P. McCollum, Jr., Monroe, for petitioner-appellant.

Love & Milliken by John R. Milliken, Monroe, for respondent-appellee.

Peter A. Foley, Charlotte, for respondent-appellee Keith A. Nesbit.

WEBB, Judge.

The petitioner contends the Board of Adjustment exceeded the power given to it by statute and by the zoning ordinance in allowing Mr. Nesbit to construct a new building on the same lot as the old building and ordering the old building to be razed. G.S. 153A-345 provides in part:

"(c) The zoning ordinance may provide that the board of adjustment may permit special exceptions to the zoning regulations in classes of cases or situations and

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