TOWN OF NAGS HEAD v. TILLETT

No. 831SC789.

315 S.E.2d 740 (1984)

TOWN OF NAGS HEAD v. Robert C. TILLETT; Zenova P. Tillett; Bradford Neil Loy; Peter L. Marshall and wife, Flora Costin Marshall; Dorothy Hand Wagoner and husband, James L. Wagoner, Sr.; Richard L. Russakoff and wife, Rise Gury Russakoff; James T. Ryce and wife, Susan Ryce; and E. Crouse Gray, Jr., Trustee.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Kellogg, White, Evans, Sharp & Michael by Thomas L. White, Jr., Manteo, for plaintiff-appellant.

Shearin & Archbell by Norman W. Shearin, Jr., Kitty Hawk, for defendants-appellees Loy, Marshall, Wagoner, Russakoff and Gray.

Leroy, Wells, Shaw, Hornthal & Riley by L.P. Hornthal, Jr., Elizabeth City, for defendants-appellees Ryce.

McCown & McCown by Wallace H. McCown, Manteo, for defendants-appellees Tillett.


ARNOLD, Judge.

The Town contends that the trial court erred in dismissing its declaratory judgment action and in ruling that it be enjoined from denying a building permit to defendants Ryce. We affirm the order as it dismisses the action. The Town is not empowered to obtain the relief it seeks. We vacate the judgment, however, as to its ruling enjoining the Town from denying the building permit.

The statute cited by the Town as authority for its action to...

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