GODFREY v. ZONING BD. OF ADJ. OF UNION CTY.

No. 8420SC275.

326 S.E.2d 113 (1985)

Frank B. GODFREY, Joe N. Sutton, O. Fred Howey and Billips Hood v. The ZONING BOARD OF ADJUSTMENT OF UNION COUNTY, North Carolina.

Court of Appeals of North Carolina.

March 5, 1985.


Attorney(s) appearing for the Case

Joe P. McCollum, Jr., Monroe, for petitioners-appellants.

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


JOHNSON, Judge.

The issue on this appeal is whether a structure constructed after the effective date of a zoning ordinance amendment which was subsequently invalidated by this Court should be allowed to remain or continue as a nonconforming use. Under the facts of this case, we hold it should.

On 23 November 1980, the Union County Board of commissioners, upon the petition of Dennis Rape, the owner at that time of the tract which is the subject of this appeal...

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