NELSON v. CITY OF BURLINGTON

No. 8515SC702.

341 S.E.2d 739 (1986)

Carl V. NELSON and wife, Janet P. Nelson, Mrs. Geraldine S. Bass, Harold J. Green, Mrs. Frances T. Bennett, George W. Fox and wife, Sally M. Fox v. CITY OF BURLINGTON, North Carolina; and Dr. Ken L. Ketchum, David L. Maynard, Kathryn O'D. Hykes, Caroline Ansbacher, and William H. Lashley, member of the Burlington City Council; and Winfield A. Scott, Equicap Properties, Inc., Owner-Applicants.

Court of Appeals of North Carolina.

April 15, 1986.


Attorney(s) appearing for the Case

Gabriel, Berry, Weston & Weeks by M. Douglas Berry, Greensboro, for plaintiffs-appellants.

City Atty. Robert M. Ward and Asst. City Atty. Robert H. Smith, Burlington, for defendants-appellees City of Burlington and Members of the Burlington City Council.

Schoffner, Moseley & Scott by W. Phillip Moseley, Graham, for defendant-appellee Equicap Properties, Inc.


WEBB, Judge.

The plaintiffs first argue that the action of the Burlington City Council was not in accordance with the City's Comprehensive Land Use Plan and is therefore invalid. We cannot agree.

G.S. 153A-341 states in pertinent part:

Zoning regulations shall be made in accordance with a comprehensive plan.... The regulations shall be made with reasonable consideration as to, among other things, the character of the district and its peculiar suitability...

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