1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 362 S.E.2d
  5. 362 S.E.2d 843 (1987)
 

CARDWELL v. FORSYTH CTY. ZON. BD. OF ADJ.

No. 8721SC578.

362 S.E.2d 843 (1987)

James D. CARDWELL and wife, Elva R. Cardwell, J.V. Bodenheimer and wife, Peggy Bodenheimer, A. Leolin Sells and wife, Naomi W. Sells, Robert F. Linville and wife, Barbara C. Linville, Ronald R. Smith and wife, M.D. Smith, Ada S. Frye and husband, Loften Frye, and Pearl S. Sells, widow, on behalf of themselves and other landowners similarly situated in the immediate surrounding area v. FORSYTH COUNTY ZONING BOARD OF ADJUSTMENT; George D. Binkley, Jr., Robert H. Colley, Howard L. Wilson, Dewey D. Shropshire, and Irving Neal, Members of the Forsyth County Zoning Board of Adjustment; Aubrey Smith, Zoning Officer and Secretary to the Forsyth County Zoning Board of Adjustment; Forsyth County; Salem Stone Company, William E. Ayers, Jr.; and Martin Marietta Corporation d/b/a Martin Marietta Aggregates, an operating unit of Martin Marietta Corporation, and Martin Marietta Aggregates.

Court of Appeals of North Carolina.

December 22, 1987.

Attorney(s) appearing for the Case

Hutchins, Tyndall, Doughton & Moore by Thomas W. Moore, Jr., and Thomas G. Taylor, Winston-Salem, for plaintiffs-appellants.

Office of the Forsyth Co. Atty. by P. Eugene Price, Jr., and Jonathan V. Maxwell, Winston-Salem, for defendants-appellees Members of the Forsyth County Bd. of Adjustment, Aubrey Smith, Zoning Officer and Secretary to the Forsyth County Zoning Bd. of Adjustment, and Forsyth County.

Petree Stockton & Robinson by Ralph M. Stockton, Jr., Richard E. Glaze, Jeffrey C. Howard, and Stephen R. Berlin, Winston-Salem, for defendants-appellees Salem Stone Co., William E. Ayers, Jr., and Martin Marietta Corp.

HEDRICK, Chief Judge.

We point out that plaintiffs have raised no questions on appeal regarding their claim for a declaratory judgment, thus the dismissal of the claim for declaratory judgment will be affirmed.

Plaintiffs first argue the superior court committed "reversible error in determining that the three-two vote of the Forsyth County Zoning Board of Adjustment constituted approval" of Salem Stone Company's application for a special use permit. They contend...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases