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BRUMMER v. BOARD OF ADJUSTMENT OF CITY OF ASHEVILLE

No. 8528SC1250.

343 S.E.2d 603 (1986)

Harry BRUMMER v. BOARD OF ADJUSTMENT OF the CITY OF ASHEVILLE.

Court of Appeals of North Carolina.

June 3, 1986.

Attorney(s) appearing for the Case

Reynolds & Stewart by G. Crawford Rippy, III, Asheville, for petitioner-appellee.

Roberts, Cogburn, McClure & Williams by Max O. Cogburn, Isaac N. Northup, Jr. and Glenn S. Gentry, Asheville, for respondent-appellant.

PHILLIPS, Judge.

Respondent Board first contends that the Superior Court had no jurisdiction to consider petitioner's challenge to the 15 April 1985 order because it was a collateral attack upon the 26 November 1984 order which allowed the variance and was not appealed. This contention has no merit. The validity of the 26 November 1984 order is not, and has not been, challenged by petitioner, who had no occasion to appeal...

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