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STEGALL v. NEW HANOVER ZON. BD. OF ADJ.

No. 875SC147.

361 S.E.2d 309 (1987)

87 N.C. App. 359

Donald B. STEGALL and wife, Katheryn Stegall; John Newton and wife, Estine Newton; Josephine J. Rusher; James Holloway and wife, Virginia Holloway; Ben M. Washburn and wife, Vie Washburn; and Wilbur Thompson and wife, Montine Thompson, Petitioners and Plaintiffs, v. The ZONING BOARD OF ADJUSTMENT OF the COUNTY OF NEW HANOVER, North Carolina Respondent, and Oleander Memorial Gardens, Inc., Intervening Respondent.

Court of Appeals of North Carolina.

October 20, 1987.

Attorney(s) appearing for the Case

Carr, Swails, Huffine & Crouch by James B. Swails and Auley M. Crouch, III, Wilmington, for petitioners-plaintiffs.

Rountree & Seagle by George Rountree, III, J. Harold Seagle and Chas. M. Lineberry, Jr., Wilmington, for intervening respondent.

MARTIN, Judge.

I

We initially consider appellees' cross-assignment of error, through which they contend that the building inspector had no authority to consider OMG's inquiry and issue a decision with respect thereto. Section 108-1 of the New Hanover County Zoning Ordinance provides:

It is the intention of this Ordinance that all questions arising in connection with the enforcement of this Ordinance shall be presented first to the Building Inspector...

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