FARR v. BOARD OF ADJUSTMENT OF CITY OF ROCKY MOUNT

No. 206A85.

337 S.E.2d 581 (1985)

315 N.C. 309

Virginia M. FARR v. The BOARD OF ADJUSTMENT OF the CITY OF ROCKY MOUNT, North Carolina.

Supreme Court of North Carolina.

December 10, 1985.


Attorney(s) appearing for the Case

Dill, Fountain & Hoyle by William S. Hoyle, Rocky Mountain, for respondent-appellant.

Fitch & Butterfield by G. K. Butterfield, Jr., Wilson, for petitioner-appellee.


PER CURIAM.

Our review of the decision of the Court of Appeals reveals that the case was decided by that court on the basis of the principle of "prior non-conforming use," an issue not raised or briefed by the parties to this action and not supported by the record. Accordingly, the decision of the Court of Appeals is vacated and the case is remanded to that court for further consideration of the issues raised by the appellant in her brief filed in the Court of Appeals...

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